Banta Singh vs State Of Rajasthan ...
2023 Latest Caselaw 1503 Raj

[2023/RJJD/004503]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1772/2023

Anup S/o Krishan Kumar, Aged About 25 Years, R/o Dhani Khet Khurd Vill. Rupana Vishnoiyan Ps Nathusari Chopta Dist. Sirsa Haryana (At Present Lodged In Sub Jail Bhadra Hanumangarh)

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1773/2023 Banta Singh S/o Banwari Lal, Aged About 32 Years, R/o Bharwana Tehsil Bhadra Dist. Hanumangarh (At Present Lodged In Sub Jail Bhadra )

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

----Respondent

For Petitioner(s) : Mr. Vishnu Kumar, brother of the petitioner, present in person For Respondent(s) : Mr. S. K. Bhati, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

08/02/2023

The petitioners have been arrested in connection with FIR

No.330/2022 of Police Station Gogamedi, District Hanumangarh.

Petitioner No.1 has been arrested for the offences punishable

under Sections 8/15 & 29 NDPS Act & petitioner no.2 has been

arrested for the offences punishable under Section 8/15 of NDPS

Act & 3/25 of Arms Act. They have preferred these bail

applications under Section 439 Cr.P.C.

[2023/RJJD/004503] (2 of 2) [CRLMB-1772/2023]

Mr. Vishnu Kumar, brother of the petitioners submits that the

petitioners have falsely been implicated in the present case and

the recovered contraband is below commercial quantity. The

accused-petitioners are behind bars and the trial of the case will

take time. Therefore, it is prayed that the accused-petitioners may

be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail

application and submitted that the petitioner Banta Singh is a

habitual offender.

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

petitioners under Section 439 Cr.P.C.

Accordingly, the bail applications filed under Sec.439 Cr.P.C.

are allowed and it is directed that petitioners (1) Anup S/o

Krishan Kumar & (2) Banta Singh S/o Banwari Lal shall be

released on bail in connection with FIR No.330/2022 of Police

Station Gogamedi, District Hanumangarh provided they execute a

personal bond in a sum of Rs.1,00,000/- each with two sound and

solvent sureties of Rs.50,000/- to the satisfaction of learned trial

court for 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.

(MADAN GOPAL VYAS),J 115-nidhi/-

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