Islam S/O Lala vs State Of Rajasthan
2022 Latest Caselaw 2353 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

 S.B. Criminal Miscellaneous IVth Bail Application No. 2816/2022
Islam S/o Lala, Aged About 35 Years, R/o Nangal Tappa Ps
Baroda Mev Distt. Alwar Raj. (At Present Confined In Distt. Jail
Alwar)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

Connected With S.B. Criminal Miscellaneous IIIrd Bail Application No. 4087/2022 Nasir S/o Shri Juhru, Aged About 36 Years, Resident Of Pathroda, P/s Malakheda, District Alwar ( Accused Presently Confined In Central Jail Alwar)

----Petitioner Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Harendra Singh
                               Mr. Gurvindra Singh
For Respondent(s)        :     Mr. S.S. Ola, PP


            HON'BLE MR. JUSTICE INDERJEET SINGH
                           Order

15/03/2022

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.

Counsel for the petitioners submits that the petitioners have

falsely been implicated in this matter. Counsel further relied upon

a judgment of Delhi High Court dated 31.07.2020 passed in case

(2 of 2) [CRLMB-2816/2022]

No. of Iqbal Singh Vs. State, Bail Application No.645/2020.

Counsel further submits that excluding the neutral substance, the

quantity of contraband is less than commercial and the petitioners

are in custody since 10.02.2021. Counsel further submits that the

challan has already been presented in the Court and conclusion of

trial may take long time and no other criminal antecedents are

pending against him under the NDPS Act.

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.Islam S/o Lala & 2.Nasir

S/o Shri Juhru 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.

(INDERJEET SINGH),J

Upendra Pratap Singh/Keshav/249-250

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