Citation : 2021 Latest Caselaw 2163 Raj/2
Judgement Date : 5 March, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Fourth Bail Application No.
15143/2020
Anand Singh S/o Shri Dayal Singh, R/o 126 Mitra Nagar Khirni
Phatak Jhotwara Jaipur Raj. (Presently Confined In Central Jail
Jaipur)
----Petitioner
Versus
Union Of India(Directorate Of Revenue Intelligence), Through
Special Pp
----Respondent
For Petitioner(s) : Mr. Anil Kumar Upman
For Respondent(s) : Mr. Anand Sharma
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
05/03/2021
1. Petitioner has filed this fourth bail application under Section
439 Cr.P.C.
2. F.I.R. No.10/2019 (DRI/DZU/JRV/19/Int-10/2019) was
registered at Police Station Directorate of Revenue Intelligence,
Regional Unit, Jaipur for offence under Section 8 R/w and Sections
23, 22, 29 of NDPS Act.
3. It is contended by counsel for the petitioner that the DRI
team conducted a raid at 176-B Khatipura Jaipur, a house
belonging to Jagdish Singh retired Captain, at 4.00 pm on
22.10.2019. It is also contended that as per the statement of
Jagdish Singh, he had given one room on rent to Bhagwan Sain on
10.09.2019 and at the time when the raid was conducted, no one
(2 of 3) [CRLMB-15143/2020]
was present. As per the prosecution version, one Ashok
Khandelwal was also present in the room which was taken on rent
by Bhagwan Sain. It is further contended that petitioner was
picked from his house at around 6:00 pm on 22.10.2019. A
complaint in this regard was made by wife of the petitioner to the
police authorities on 23.10.2019 at 00:16 am. It is contended that
as per the charge-sheet, one Kanishk Sharma and Bhagwan Sain
were transporting medicines to United States of America and the
recovery was also effected from the co-accused. No recovery was
effected from the present petitioner. Girraj Narwal and Kanishk
Sharma have been enlarged on bail.
4. Counsel for the Directorate of Revenue Intelligence has
opposed the fourth bail application. It is contended that
petitioner's mobile was kept on surveillance and he was found to
be in constant communication with the co-accused in this case.
Petitioner was also involved in the transportation of drugs from
India to United States of America and he was the mastermind.
5. I have considered the contentions.
6. Considering the contentions put forth by counsel for the
petitioner, I deem it proper to allow the fourth bail application.
7. This fourth bail application is, accordingly, allowed and it is
directed that accused-petitioner shall be released on bail provided
he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lac only) together with two sureties in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction
of the trial Court with the stipulation that he shall appear before
that Court and any Court to which the matter be transferred, on
(3 of 3) [CRLMB-15143/2020]
all subsequent dates of hearing and as and when called upon to do
so.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /9
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