Jagveer Singh vs State Of Rajasthan ...
2023 Latest Caselaw 2826 Raj

[2023/RJJD/009033]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2389/2023

Jagveer Singh S/o Shri Darbara Singh, Aged About 25 Years, R/o 77, G.b.a. Anupgarh, Dist. Sriganganagar. (Presently Lodged At Central Jail, Bikaner)

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

----Respondent

For Petitioner(s) : Mr. M.L. Bishnoi For Respondent(s) : Mr. M.S. Bhati, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/04/2023

The petitioner has been arrested in connection with FIR

No.13/2021 of Police Station Pugal, District Bikaner for the offence

punishable under Section 8/15 of NDPS Act. He has preferred this

second bail application under Section 439 Cr.P.C. The first bail

application was dismissed as not pressed on 11.11.2021 with

liberty to file afresh after recording the statement of Seizure

Officer.

Counsel for the petitioner submits that now the Seizure

Officer has been examined before the Court as PW/2 and there is

a violation of the provisions of NDPS Act. Counsel has placed

reliance upon the judgments rendered in the cases of Netram Vs.

State of Rajasthan reported in 2014(2) WLN 394 (Raj.) and Nagu

Singh Vs. State of Rajasthan reported in 2016(3) WLN 310 (Raj.)

and upon the order of this Court in SB Cr. Misc. Bail Application

No.1603/2018, Ram Lal Vs. State decided on 27.02.2018, in the

[2023/RJJD/009033] (2 of 2) [CRLMB-2389/2023]

said case also the samples were taken from all the bags and only

two samples were sent for FSL and this Court granted bail to the

accused. Counsel submits that the case of the present petitioner is

also identical to that of the reported case. In these circumstances,

the second bail application may be allowed and the petitioner may

be released on bail.

Learned Public Prosecutor has vehemently opposed the bail

application.

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 accused

petitioner under Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Jagveer Singh

S/o Shri Darbara Singh shall be released on bail in connection with

FIR No.13/2021 of Police Station Pugal, District Bikaner provided

he executes a personal bond in a sum of Rs.2,00,000/- with two

sound and solvent sureties of Rs.1,00,000/- each to the

satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(MANOJ KUMAR GARG),J 88-Ishan/-

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