Soma Singh vs State Of Rajasthan (2023:Rj-Jd:41059)
2023 Latest Caselaw 10184 Raj

Rajasthan High Court - Jodhpur

Soma Singh vs State Of Rajasthan (2023:Rj-Jd:41059) on 29 November, 2023

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2023:RJ-JD:41059]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7153/2023

Soma Singh S/o Man Singh, Aged About 34 Years, Dhani Latkanvali Amarpura Rathan Teh. Pilibanga Dist. Hanumangarh (At Present Lodged In Sub Jail, Suratgarh).

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. S.K. Bhati, Public Prosecutor

JUSTICE DINESH MEHTA

Order

29/11/2023

1. The present bail application has been filed by the applicant

under Section 439 of the Cr.P.C. seeking regular bail in connection

with FIR No.321/2019, registered at Police Station Suratgarh,

Sadar, District Sriganganagar for the offences under Sections

8/22, 25 & 29 of the Narcotic Drugs and Psychotropic Substances

Act, 1985.

2. Learned counsel for the applicant submitted that the

allegation against the applicant is identical to one Kaku Singh (co-

accused) and pointed out that vide order dated 20.11.2023,

passed in S.B. Criminal Misc. Bail Application No.10893/2023, said

co-accused Kaku Singh has been enlarged on bail. He therefore,

prayed that the present applicant, who is behind bars since

25.11.2019 be also enlarged on bail, as the trial is likely to take

substantial time.

[2023:RJ-JD:41059] (2 of 3) [CRLMB-7153/2023]

3. Learned Public Prosecutor vehemently opposed the bail

application and submitted.

4. Heard learned counsel for the applicant and the learned

Public Prosecutor and perused the relevant material available on

record.

5. While allowing the bail application of the co-accused Kaku,

this Court has observed thus:

"In the opinion of this Court, the fact that the co- accused Subhash Chander was not apprehended on the spot and was subsequently apprehended hardly makes any difference in the present case inasmuch as the quantity of contraband substances recovered from the present applicant so also Subhash Chander was commercial and that while enlarging the co- accused Subhash Chander on bail, the co-ordinate Bench has relied upon the judgment of Hon'ble Supreme Court rendered in the case of Mohd. Muslim @ Hussain (supra), which applies on all fours in the present case as well."

6. In view of above and following the reasoning given in the

bail application of co-accusd Kaku Singh, I deem it just and proper

to grant bail to the accused-applicant under Section 439 Cr.P.C.

7. Consequently, the bail application filed under Section 439

Cr.P.C. is allowed. The applicant Soma Singh S/o Man Singh,

arrested in connection with the FIR No.321/2019, registered at

Police Station Suratgarh, Sadar, District Sriganganagar shall be

released on bail on his furnishing a personal bond in the sum of

Rs1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the trial Court.

[2023:RJ-JD:41059] (3 of 3) [CRLMB-7153/2023]

8. Applicant shall be required to appear before that Court on all

dates of hearing and as and when called upon to do so.

(DINESH MEHTA),J 409-Ramesh/-

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