Rajasthan High Court - Jodhpur
Sandeep Singh vs State Of Rajasthan ... on 7 October, 2023
Bench: Praveer Bhatnagar
[2023:RJ-JD:33678]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Second Bail Application No.
8968/2023
Sandeep Singh S/o Sh. Mahender Singh, aged about 29 Years,
R/o Chack Araiyawala Police Station Jalalabad Distt. Fazilka
(Punjab) (presently lodged in Central Jail, Sriganganagar)
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Kaushal Gautam
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR (THROUGH VC)
Order
07/10/2023
The instant second bail application has been filed under
Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner
has been arrested in connection with FIR No.22/2022 registered at
Police Station Rajiyasar, District Sriganganagar for the offence(s)
under Sections 8/15, 25, 29 of the N.D.P.S. Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the case. He further submits that
other co-accused Nishan Singh S/o Banta Singh has already been
enlarged on bail vide order dated 28.03.2023 and the case of
present petitioner is not distinguishable from the case of co-
accused Nishan Singh. He also submits that Seizure Officer
namely Pawan Kumar (PW-1) in his statement recorded before the
[2023:RJ-JD:33678] (2 of 3) [CRLMB-8968/2023]
competent Court has categorically stated that he after mixing the
contraband recovered from three sacks and thereafter sample was
taken. Therefore, in the light of Standing Order No.1/88 dated
15.03.1988 of the Narcotics Control Bureau, New Delhi and the
Judgment rendered by a co-accused of this Court in the case of
Netram Vs. State of Rajasthan, reperoted in 2014 (1) Cr.
Law Reproted (Raj.) 163 the benefit of bail should be granted
to the accused-petitioner.
Per contra, learned Public Prosecutor opposes the grant of
bail application.
Considering the arguments advanced by learned counsel for
the parties and considering the fact that 68.550 Kg of poppy straw
was recovered from the Car No. DL-10-CC-1034 from the
possession of accused Nishan Singh & accused-petitioner, co-
accused Nishan Singh has already been enlarged on bail vide
order dated 28.08.2023, the case of accused-petitioner is identical
to the enlarged co-accused and in the light of law laid down in the
case of Netram (supra) & Standing Order issued by the
Narcotics Control Bureau, New Delhi, I deem it just and proper to
enlarge the accused-petitioner on bail.
Accordingly, this second bail application under Section 439
Cr.P.C. is allowed and it is ordered that the accused-petitioner
Sandeep Singh S/o Sh. Mahender Singh in connection with
FIR No.22/2022 registered at Police Station Rajiyasar, District
Sriganganagar shall be enlarged on bail provided he furnishes a
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only)
with two sureties of Rs.50,000/- (Rupees Fifty Thousand Only)
each to the satisfaction of the learned trial Judge for his
[2023:RJ-JD:33678] (3 of 3) [CRLMB-8968/2023]
appearance before the court concerned on all the dates of hearing
as and when called upon to do so.
(PRAVEER BHATNAGAR),J
9-mohit/-
Powered by TCPDF (www.tcpdf.org)
