Citation : 2022 Latest Caselaw 1595 Raj/2
Judgement Date : 17 February, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2526/2022
Sanjay Khan @ Sanju S/o Isak Khan, Aged About 32 Years, R/o
Masjid Ke Pas Nangli Mohalla Near Indra Colony Alwar Raj. (At
Present Confined In Distt. Jail Alwar)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Chandragupt Chopra, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
17/02/2022 The present bail application has been filed under Section 439
Cr.P.C. The petitioner has been arrested in connection with FIR
No.373/2021 registered at Police Station NEB, Alwar for the
offence(s) under Sections 8/21 and 8/22 of NDPS Act.
Learned counsel for the petitioner submits that the petitioner
has been wrongly implicated in this case. He is behind the bars
since 7.7.2021. Charge-sheet has been filed against the petitioner.
Learned counsel for the petitioner relying on a judgment of
Hon'ble Delhi High Court dated 31.07.2020 in case of Iqbal Singh
Vs. State, Bail Application No.645/2020 and submits that
excluding the neutral substance, the total quantity of codeine
contained in bottles of cough syrup, comes to below the
commercial quantity. Conclusion of trial may take long time.
Hence, the petitioner be enlarged on bail.
(2 of 2) [CRLMB-2526/2022]
Learned Public Prosecutor has opposed the bail application.
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.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioner Sanjay Khan
@ Sanju S/o Isak Khan 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
Brijesh 110.
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