Citation : 2022 Latest Caselaw 1597 Raj/2
Judgement Date : 17 February, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12869/2021
Vedprakash S/o Shri Nathilal, Aged About 50 Years, R/o Vill.
Satbadi Ps Pahari Dist. Bharatpur Raj. (Accused Petitioner Is In
J.c. Central Jail Bharatpur)
----Petitioner
Versus
State Of Rajasthan, Through The Pp
----Respondent
Connected With S.B. Criminal Miscellaneous Bail Application No. 15127/2021 Sunil Kumar S/o Shri Naimichand, R/o Gulpara Ps Sikri Dist. Bharatpur Raj. Presently At Confined In Central Jail Bharatpur
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vivek Raj Singh Bajwa, Sr. Adv.
Assisted by Mr. Amar Kumar, Mr. Asad Ul Haq Nooree For Respondent(s) : Mr. Sher Singh Mahla, PP.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
17/02/2022
1. The present bail applications have been filed under Section
439 Cr.P.C. The petitioners have been arrested in connection with
FIR No.254/2021 Registered at Police Station Jurhera, District
Bharatpur for the offence(s) under Section 8/22 of NDPS Act.
2. Counsel for the petitioners submits that the petitioners have
been wrongly implicated in this case. Petitioners are behind the
(2 of 2) [CRLMB-12869/2021]
bars since 16.07.2021. Chargesheet has been filed against the
petitioners. Conclusion of trial may take long time.
3. Learned counsel for the petitioners has placed reliance upon
a judgment of Hon'ble Delhi High Court in Iqbal Singh Vs. State
(Bail Application No.645/2020), decided on 31.07.2020 and
submitted that excluding the neutral substance, recovered
contraband article is below the commercial quantity. So, the
petitioners be enlarged on bail.
4. Learned Public Prosecutor has opposed the bail applications.
5. Considering the contentions put-forth by the counsel for the
petitioners 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 petitioners
on bail.
6. Accordingly, the bail applications under Section 439 Cr.P.C.
are allowed and it is ordered that the accused-petitioners
Vedprakash S/o Shri Nathilal and Sunil Kumar S/o Shri
Naimichand shall be enlarged on bail provided each of them
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 their appearance before the court concerned on all the
dates of hearing as and when called upon to do so.
7. A copy of this order be placed in connected file.
(NARENDRA SINGH DHADDHA),J
Seema/5-6
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