Sonu vs State Of Rajasthan
2022 Latest Caselaw 5298 Raj

(1 of 2) [CRLMB-4754/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4754/2022 Sonu S/o Shri Ugrasen, Aged About 30 Years, R/o Ward No. 13 Parlika Tehsil Nohar Dist. Hanumangarh Raj. (Presently Lodged In Jail Nohar )

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

----Respondent

For Petitioner(s) : Mr. Vinod Kumar Siyag For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

08/04/2022

The present bail application has been filed under Section 439

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

connection with F.I.R. No.52/2022 at Police Station Gogamedi,

District Hanumangarh, registered for the offence punishable under

Sections 8/21 of NDPS Act.

Heard learned counsel appearing for the petitioner as well as

learned Public Prosecutor. Perused the material available on

record.

Learned counsel for the petitioner stated that as per

prosecution, 11 gms heroin (fpV~Vk) recovered from the petitioner

which is below commercial quantity; co-accused Rohtash has

already been granted benefit of bail by this Court vide order dated

01.04.2022; petitioner is behind the bars since 16.03.2022; no

investigation or recovery is pending against the petitioner. With

these submissions, learned counsel for the petitioner prayed that

benefit of bail may be granted to the petitioner.

(2 of 2) [CRLMB-4754/2022]

Per contra, learned Public Prosecutor opposed the bail

application and stated that earlier, 2 other cases of likewise nature

have been registered against the accused-petitioner.

In reply, learned counsel for the petitioner, while submitting

copy of the judgment dated 08.01.2020 passed by the learned

Special Court, Barnala, Punjab, stated that the petitioner has

already been acquitted in earlier registered one case.

Having regard to the facts and circumstances of the case,

particularly to the facts that recovered alleged contraband is below

commercial quantity; only, one case is presently pending against

the accused-petitioner; further investigation and trial of the case

will take sufficiently long time, therefore, without expressing any

opinion on the merits/demerits of the case, this Court is of the

opinion that the bail application filed by the petitioner deserves to

be accepted.

Consequently, the present bail application is allowed. It is

ordered that the accused-petitioner - Sonu S/o Shri Ugrasen,

arrested in connection with F.I.R. No.52/2022 at Police Station

Gogamedi, District Hanumangarh, shall be released on bail, if not

wanted in any other case, provided he furnishes a personal bond

of ₹1,00,000/- (Rupees One Lakh) and two sound and solvent

sureties of ₹50,000/- (Rupees Fifty Thousand) each to the

satisfaction of the 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.

(DEVENDRA KACHHAWAHA),J 66-Arvind/-

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