Harmal Singh vs State Of Rajasthan
2021 Latest Caselaw 15316 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10859/2021

Harmal Singh S/o Shri Dalbara Singh, Aged About 26 Years, B/c Harijan, R/o Batha, Police Station Khedi, Nodsingh, District Fatehgarh. (At Present Lodged In District Jail, Bhilwara)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr Neeraj Kumar Gurjar For Respondent(s) : Mr Mahipal Bishnoi, Public Prosecutor

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment / Order

01/10/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner who is in custody in connection

with F.I.R. No.42/2021 Police Station Gulabpura, District Bhilwara

for the offences under Sections 8/15,8/29 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that there is no

criminal antecedents of the petitioner. After investigation, the

challan has been filed. The recovery of the narcotic substance has

not been made from possession of the present petitioner. As per

the prosecution story, co-accused Chindar Pal, Nebha Ram and

Manpreet Singh gave information to the effect that the narcotic

substance recovered from them was to be delivered to the

(2 of 2) [CRLMB-10859/2021]

petitioner. In absence of any evidence, the petitioner deserves to

be enlarged on bail.

The learned Public Prosecutor opposed the bail.

Having regard to the rival contentions advanced of the

parties and material available on the record, in the facts and

circumstances of the case, particularly the fact that except the

statements of co-accused no evidence is available on the record to

connect the present petitioner with the alleged offence, this Court

deems it to be a fit case to enlarge the petitioner on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Harmul Singh S/o Dalbara Singh,

arrested in connection with F.I.R. No.42/2021 P.S. Gulabpura,

District Bhilwara shall be released on bail; provided he furnishes a

personal bond of Rs.1,00,000/- with two surety bonds of

Rs.50,000/- each to the satisfaction of the learned trial court with

the stipulation to appear before that Court on all dates of hearing

and as and when called upon to do so.

(RAMESHWAR VYAS),J

25-MMA/-

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