Ishwar Lal S/O Bannshi Lal vs C.B.N
2022 Latest Caselaw 1331 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 15958/2021

Ishwar Lal S/o Bannshi Lal, Aged About 19 Years, R/o Dhaknni
Tehsil Annd Ps Garoth Dist. Mandsor M.p. Presently Petitioenr
Confined At Central Jail Kota
                                                                   ----Petitioner
                                    Versus
C.B.N., Through Special PP
                                                                 ----Respondent

For Petitioner(s) : Mr. Pallav Sharma (through VC) For Respondent(s) : Mr. Tej Prakash Sharma, Spl. PP.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

07/02/2022

1. The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.6/2020 Registered at Police Station CBN, District Kota for the

offence(s) under Sections 8/18 and 8/29 of NDPS Act.

2. Counsel for the petitioner submits that the petitioner has

been wrongly implicated in this case. Petitioner is behind the bars

since 11.06.2020. Learned counsel for the petitioner submits that

contraband article was recovered from possession of Shyam

Singh. Petitioner was driving the motor-cycle. Learned counsel for

the petitioner submits that co-accused Shyam Singh in his

statement under Section 67 NDPS Act clearly stated that he had

not given any clue to the petitioner that he was carrying

contraband article. Learned counsel for the petitioner also submits

that police has recovered contraband article from conscious

(2 of 2) [CRLMB-15958/2021]

possession of Shyam Singh. Learned counsel for the petitioner

also submits that chargesheet has been filed against the

petitioner. Conclusion of trial may take long time.

3. Learned Special Public Prosecutor has opposed the

arguments advanced by learned counsel for the petitioner and

submits that recovered contraband article is of commercial

quantity. So, bail application be dismissed.

4. Learned Special Public Prosecutor has placed reliance upon

the judgments of Hon'ble Apex Court in Union of India Through

NCP Vs. Md. Nawaz Khan (Criminal Appeal No.1043 of

2021) and State of Kerala Vs. Rajesh (Criminal Appeal

No.154157 of 2020).

5. Considering the contentions put-forth by the counsel for the

petitioner and taking into account the facts and circumstances of

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

case, this court deems it just and proper to enlarge the petitioner

on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Ishwar Lal

S/o Bannshi Lal shall be enlarged on bail provided he furnishes a

personal bond in the sum of Rs.50,000/- with two sureties of

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

his appearance before the court concerned on all the dates of

hearing as and when called upon to do so.

(NARENDRA SINGH DHADDHA),J

Seema/20

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