Pappu Saini Son Of Shri Rameshwar ... vs State Of Rajasthan
2022 Latest Caselaw 2541 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

S.B. Criminal Miscellaneous IInd Bail Application No. 17448/2021

Pappu Saini Son Of Shri Rameshwar Saini, Aged About 35 Years,
R/o Achrol, P.s. Chandwaji, Dist. Jaipur. (At Present Petitioner Is
Confined In Central Jail Jaipur.)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

For Petitioner(s)        :     Mr. Raj Kumar Sharma
                               Mr. Dharmendra Choudhary
For Respondent(s)        :     Mr. S.S. Ola, PP



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

24/03/2022

The present second bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No.54/2021 registered at Police Station Chandwaji

District Jaipur Rural for the offence(s) under Section(s) 8/21 &

8/22 of NDPS Act and the challan has been presented for the

offences under Sections 8/21, 8/22 & 8/29 of NDPS Act.

Counsel for the petitioner submits that the petitioner has

falsely been implicated in this matter. Counsel further relied upon

a judgment of Delhi High Court dated 31.07.2020 passed in case

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 petitioner

is in custody since 01.02.2021. Counsel further submits that the

challan has already been presented in the Court and conclusion of

(2 of 2) [CRLMB-17448/2021]

trial may take long time and no other criminal antecedent is

pending against him under the NDPS Act.

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, length of custody, quantity of contraband being less than

commercial in view of judgment of Iqbal Singh (supra) and

absence of criminal antecedent; 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 second

bail application is allowed and it is directed that accused-petitioner

Pappu Saini Son Of Shri Rameshwar Saini 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.

(INDERJEET SINGH),J

Upendra Pratap Singh /4

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