Jamshed S/O Sodan vs The State Of Rajasthan
2022 Latest Caselaw 1957 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

       S.B. Criminal Miscellaneous Bail Application No. 4583/2021

Bane Singh S/o Shri Sukhram, Aged About 28 Years, Resident Of
Village Nangal Tappa Police Station Baroda Mev Alwar District
Alwar (Raj.) (Accused Petitioner Is In Judicial Custody In Jail
Alwar)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through The Public Prosecutor
                                                                  ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 12939/2021 Jamshed S/o Sodan, Aged About 28 Years, R/o Nangal Tappa PS Baroda Mev Dist. Alwar Raj. (Accused Petitioner Is In J.C. In Jail Alwar)

----Petitioner Versus The State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ashok Yadav Mr. Rahul Agarwal For Respondent(s) : Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 04/03/2022 The present bail applications have been filed under Section

439 Cr.P.C. The petitioners have been arrested in connection with

FIR No.105/2021 registered at Police Station Udyog Nagar District

Alwar for the offence(s) under Section(s) 8/21 & 8/22 of NDPS

Act.

Learned counsels for the petitioners submit that they have

falsely been implicated in this case. Relying on a judgment of

Hon'ble Delhi High Court dated 31.07.2020 in case of Iqbal Singh

(2 of 2) [CRLMB-4583/2021]

Vs. State, Bail Application No.645/2020, they submitted that

excluding the neutral substance, the quantity of contraband is not

commercial. They submit that the petitioners are in custody since

10.02.2021, charge-sheet has already been filed, trial of the case

will take time, they have no criminal antecedents and pray for

their release on bail.

Learned Public Prosecutor has opposed the bail applications.

Taking into consideration the submissions advanced by

learned counsels for the petitioners, the nature of allegation

against them, their length of custody, quantity of contraband

being less than commercial in view of judgment 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, these bail applications are allowed and it is

directed that accused-petitioners 1.Bane Singh S/o Shri

Sukhram & 2.Jamshed S/o Sodan shall be released on bail

under Section 439 Cr.P.C. in connection with afore-mentioned FIR

registered at concerned Police Station, 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

Sudha/8-9

Powered by TCPDF (www.tcpdf.org)