Netrapal Singh S/O Shri Trilok ... vs State Of Rajasthan
2022 Latest Caselaw 1934 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 2187/2022

Netrapal Singh S/o Shri Trilok Singh, Aged About 35 Years, R/o
Plot    No.   V-29    Laxminagar          Nibaru       Road        Jhontwara   Jaipur
(Currently Confined In Central Jail Jaipur).
                                                           ----Accused-Petitioner
                                      Versus
State Of Rajasthan, Through P.P.
                                                                     ----Respondent

For Petitioner(s) : Mr. Tara Chand Sharma with Mr. Dharmendra Gurjar For Respondent(s) : Mr. S.S. Mahala, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

03/03/2022 The present bail application has been filed under Section 439

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

No.0042/2022 registered at Police Station Jhotwara, District Jaipur

(West) for the offence under Section(s) 8, 21 and 22 of NDPS Act,

1985.

Learned counsel for the petitioner submits that he has falsey

been implicated in this case. 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, he submitted that

excluding the neutral substance, recovered contraband does not

reach the commercial quantity. He submits that the petitioner is in

custody since 09.01.2022, investigation as against him is

complete, he has no criminal antecedents, similarly situated co-

accused Ashish Sharma has already been extended benefit of bail

(2 of 2) [CRLMB-2187/2022]

by a co-ordinate Bench of this Court vide order dated 23.02.2022

and prays for his release on bail.

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the submissions advanced by

learned counsel for the petitioner, the nature of allegation against

him, his length of custody, the material contained in the case

diary, absence of criminal antecedents and release of co-accused

Ashish Sharma on bail by this Court; but, 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 is allowed and it is directed

that accused-petitioner Netrapal Singh S/o Shri Trilok Singh

shall be released on bail under Section 439 Cr.P.C. in connection

with afore-mentioned FIR registered at concerned Police Station,

provided he furnishes 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 he shall comply with all

the conditions laid down under Section 437(3) Cr.P.C.

(MAHENDAR KUMAR GOYAL),J

MADAN/91

Powered by TCPDF (www.tcpdf.org)