Balveer Singh @ Pyara vs State Of Rajasthan ...
2023 Latest Caselaw 3414 Raj

[2023/RJJD/011359]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 4th Bail Application No. 15441/2022

Balveer Singh @ Pyara S/o Hardev Singh, Aged About 54 Years, R/o Ward No. 1 Ayalaki Ps Goluwala Dist. Hanumangarh Raj. (At Present Lodged In Dist. Jail Hanumangarh)

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

----Respondent

For Petitioner(s) : Mr. Om Singh Chauhan 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.241/2018 of Police Station Goluwala, District

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

8/21, 22 and 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 6.8.2021. It is further submitted that as per the

prosecution story, total 1540 Fortadol DM Tablets containing

narcotic substance tramadol weighing 1078 gms in 154 strips

[2023/RJJD/011359] (2 of 3) [CRLMB-15441/2022]

were recovered from the petitioner. It is also submitted that

the petitioner was arrested on 15.9.2018 and as per the

charge-sheet, the prosecution is required to examine total 17

witnesses, however, out of which, only 6 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) - Balveer Singh @ Pyara S/o Hardev Singh shall

be released on bail in connection with FIR No.241/2018 of

Police Station Goluwala, District Hanumangarh provided

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

[2023/RJJD/011359] (3 of 3) [CRLMB-15441/2022]

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

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 43-msrathore/-

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