Salim Mohammed vs State Of Rajasthan
2022 Latest Caselaw 7515 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 13157/2021

Manjindra Singh S/o Sh. Gurucharan Singh, Aged About 30 Years, Pandori, Chabal Police Station, Dist. Tarantaaran (Punjab). (Lodged In Sub Jail, Rajgarh).

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

----Respondent

Connected With

S.B. Criminal Miscellaneous Bail Application No. 759/2022

Salim Mohammed S/o Hayat Mohammed, Aged About 24 Years, Gudia, P.s. Tibbi, Dist. Hanumangarh. (Lodged In Sub Jail, Rajgarh, Dist. Churu).

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

----Respondent

For Petitioner(s) : Mr. B. Ray Bishnoi, Mr. Vijay Raj Bishnoi

For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/05/2022

Heard learned counsel for the parties and perused the

material available on record.

                                    (2 of 3)                       [CRLMB-13157/2021]


     The   petitioner(s)        has/have          been          arrested    in   FIR

No.76/2019 of Police Station Rajgarh, Distt. Churu for the

offence(s) punishable under Section(s) 8/25, 8/18, 8/29, 25

and 29 of the NDPS Act. He/she/they has/have preferred

this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that

as per the prosecution story, the petitioners along with one

Sukhram were apprehended by the police and the police

seized three bags containing narcotic contraband poppy straw

weighing 32 kgs each from a truck, in which, the petitioners

were travelling. Learned counsel has submitted that the I.O.

(PW-1), in his statement recorded before the trial court, has

clearly admitted that during the course of investigation, the

police has come to the conclusion that all the three accused

persons were in possession of one bag containing narcotic

contraband poppy straw weighing 32 kgs each. Learned

counsel has submitted that from the above piece of evidence

of the I.O., it is clear that the petitioners were in possession

of narcotic contraband below commercial quantity.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and

circumstances of the case, without expressing any opinion on

the merits of the case, I deem it just and proper to grant bail

to the petitioner(s) under Section 439 Cr.P.C.

(3 of 3) [CRLMB-13157/2021]

Accordingly, this/these bail application(s) filed under

Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Manjindra Singh S/o Sh. Gurucharan Singh

and Salim Mohammed S/o Hayat Mohammed shall be

released on bail in connection with FIR No.76/2019 of Police

Station Rajgarh, Distt. Churu provided he/she/they

execute(s) a personal bond in the sum of Rs.50,000/- with

two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for his/her/their appearance

before that court on each and every date of hearing and

whenever called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J 226-227 msrathore/-

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