Rajasthan High Court
Naveen Yadav S/O Ranjeet Singh vs The State Of Rajasthan on 2 February, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 12330/2021
Naveen Yadav S/o Ranjeet Singh, Aged About 32 Years, R/o
Rajdhoki Ps Tijara Distt. Alwar Raj. (At Present Confined In
Central Jail Alwar Distt. Alwar)
----Petitioner
Versus
The State Of Rajasthan, Through PP
----Non-Petitioner
Connected With
S.B. Criminal Miscellaneous II Bail Application No. 1230/2022
Bhawani Sharma S/o Rajendra Sharma, Aged About 30 Years,
R/o Pur Ps Kotkasim Distt. Alwar Raj (At Present Confined At
Central Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.P
----Respondent
For Petitioner(s) : Mr. Rajpal Yogi through VC
Mr. Prakash Chand Thakuriya
through VC
For Respondent(s) : Mr. F.R. Meena, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
02/02/2022
The present second bail applications have been filed under
Section 439 Cr.P.C. The petitioners have been arrested in
connection with FIR No.171/2021 registered at Police Station
Sadar Alwar, District Alwar for the offence(s) under Sections 8/21
& 8/22 of NDPS Act, 1985
(2 of 3) [CRLMB-12330/2021]
Learned counsel for the petitioners submitted that the total
quantity of codeine contained in 72 cough syrup bottles each of
100 m.l. recovered from their possession excluding the neutral
substance, comes to 14.4 gram, i.e., much less than the
commercial quantity of 1000 gram. Relying upon a judgment of
Hon'ble Delhi High Court in case of Iqbal Singh Vs. State of
Delhi in Bail Application No.645/2020 decided on 31.07.2020,
they submitted that the neutral substance in the cough syrup
cannot be counted for the purpose of assessment of quantity of
the contraband. They submitted that the petitioners are in custody
since 17.03.2021, charge-sheet has been filed, trial of the case
will take time, they have no criminal antecedents and prayed for
their release on bail.
Learned Public Prosecutor has opposed the second bail
applications.
Taking into consideration the submissions advanced by
learned counsel for the petitioners, the nature of allegations
against them, their length of custody, quantity of contraband
recovered from their possession being less than commercial in
view of judgment in case of Iqbal Singh (supra) and absence of
criminal antecedents; but, without expressing any opinion on the
merits of the case, this Court deems it just and proper to enlarge
the petitioners on bail.
Accordingly, the bail applications are allowed and it is
directed that accused-petitioners 1. Naveen Yadav S/o Ranjeet
Singh & 2. Bhawani Sharma S/o Rajendra Sharma shall be
released on bail under Section 439 Cr.P.C. in connection with
afore-mentioned FIR registered at concerned Police Station,
(3 of 3) [CRLMB-12330/2021]
provided each of them shall furnish 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 they shall
comply with all the conditions laid down under Section 437(3)
Cr.P.C.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/4-5
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