Balvinder Singh vs State Of Rajasthan ...
2023 Latest Caselaw 3412 Raj

[2023/RJJD/011362]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IV Bail Application No. 15683/2022

Balvinder Singh S/o Sh. Narayan Singh, Aged About 54 Years, Khatlabana, P.s. Hindumalkot Teh. And Dist. Sri Ganganagar. (At Present Lodged In Central Jail, Sri Ganganagar).

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

----Respondent

For Petitioner(s) : Mr. Sunil Bishnoi For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

21/04/2023

Heard learned counsel for the parties and perused the

material available on record.

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

No.307/2019 of Police Station Hindumalkot, District Sri

Ganganagar for the offence(s) punishable under Section(s)

8/22, 29 of the NDPS Act. He/she/they has/have preferred

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

Learned counsel for the petitioner has submitted that

the earlier bail application of the petitioner was dismissed by

this Court on 13.1.2022. It is further submitted that as per

the prosecution story, 1000 Warnax Tablets weighing 123

gms containing narcotic substance alprazolam were recovered

from the petitioner. It is also submitted that the petitioner

[2023/RJJD/011362] (2 of 3) [CRLMB-15683/2022]

was arrested on 5.11.2019 and as per the charge-sheet, the

prosecution is required to examine total 15 witnesses,

however, out of which, only 7 witnesses have been examined

till date.

Learned counsel for the petitioner has placed reliance on

the decision dated 28.3.2023 rendered by the Hon'ble

Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT

Delhi) [Special Leave Petition (Crl.) No(s).915 of

2023], wherein it is observed by the Hon'ble Supreme Court

that delay in trial can also be considered for releasing

accused person on bail despite the restrictions imposed under

Section 37 of the NDPS Act.

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.

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

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

petitioner(s) - Balvinder Singh S/o Sh. Narayan Singh shall

be released on bail in connection with FIR No.307/2019 of

Police Station Hindumalkot, District Sri Ganganagar provided

he/she/they execute(s) a personal bond in the sum of

Rs.1,00,000/- with two sound and solvent sureties of

[2023/RJJD/011362] (3 of 3) [CRLMB-15683/2022]

Rs.50,000/- 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 47-msrathore/-

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