Debinath vs State
2021 Latest Caselaw 6025 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2855/2021

Debinath S/o Shri Dhanna Nath, Yogi, Aged About 29 Years, R/o Balev, P.S. Badnor, Dist. Bhilwara. (At Present Lodged At District Jail Bhilwara).

----Petitioner Versus State of Rajasthan through P.p.

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2856/2021 Sanwar Singh S/o Shri Babu Singh, Aged About 25 Years, By Caste Rawat, R/o Kaniya Kheda, Police Station Bheem, District Rajsamand.

(At Present Lodged In Sub Jail, Gulabpura, District Bhilwara).

----Petitioner Versus State of Rajasthan through P.p.

----Respondent

For Petitioner(s) : Mr. S.S. Sisodia Mr. Ranjeet Singh Chouhan For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/03/2021 Heard learned counsel for the petitioners as well as learned

Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.23/2021 of

Police Station Badnor, District Bhilwara for the offences punishable

under Sections 8/18, 8/25, 8/29 of NDPS Act. They have preferred

these bail applications under Section 439 Cr.P.C.

(2 of 2) [CRLMB-2855/2021]

Learned counsel for the petitioners have submitted that

narcotic contraband opium alleged to have been recovered in the

matter are 394 gms, which are below commercial quantity.

Learned Public Prosecutor has opposed the bail applications.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the accused

petitioners under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners Debinath S/o

Shri Dhanna Nath and Sanwar Singh S/o Shri Babu Singh shall be

released on bail in connection with FIR No.23/2021 of Police

Station Badnor, District Bhilwara provided each of them executes a

personal bond in a sum of Rs.50,000/- with two sound and solvent

sureties of Rs.25,000/- each to the satisfaction of learned trial

court for his appearance before that court on each and every date

of hearing and whenever called upon to do so till the completion of

the trial.

(VIJAY BISHNOI),J

73-Arun/-

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