Sukhvindra Singh vs State Of Rajasthan ...
2023 Latest Caselaw 6765 Raj

[2023:RJ-JD:27751]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IInd Bail Application No. 8672/2023 Sukhvindra Singh S/o Kashmeer, Aged About 26 Years, R/o Baruwala (02 Bwsm), Police Station Sameja Kothi, Teh. Raisingh Nagar, Dist. Sriganganagar, Raj. (Presently Lodged In Sriganganagar Jail).

                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through PP
                                                                    ----Respondent


For Petitioner(s)             :    Mr. Shree Kant Verma
For Respondent(s)             :    Mr. Mahipal Bishnoi, PP


               HON'BLE DR. JUSTICE NUPUR BHATI
                             Order
02/09/2023

1. The second application for bail has been filed by the

petitioner under Section 439 of Cr.P.C. in connection with FIR

No.240/2023 dated 16.04.2023, Police Station Anupgarh,

Sriganganagar for the offence under Section 8/21, 25, 29 and 30

of NDPS Act and Section 447, 188 of IPC.

2. Learned counsel for the petitioner submits that first bail

application of the petitioner was dismissed by this Court vide order

dated 07.06.2023 as the Court was not inclined to enlarge the

petitioner on bail, at that stage. Learned counsel for the petitioner

further submits that now, charge-sheet has been filed and the

recovered contraband from the petitioner is below commercial

quantity. He further submits that petitioner has been arrested only

on the basis of suspicion without any direct or corroboratory

evidence establishing the link to the alleged commission of crime.

Learned counsel further submits that recovery has been made

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from the petitioner and he has no previous criminal antecedents

and petitioner is behind the bars since 15.04.2023. Learned

counsel for the petitioner places reliance upon the judgments

passed by a Co-ordinate Bench of this Court in CRLMB

No.15761/2022 (Karmjeet Singh & Anr. Vs. State of Rajasthan)

decided on 28.03.2023, CRLMB No.15910/2022 (Gurcharan Singh

@ Raju Vs. State of Raj.) decided on 27.03.2023, CRLMB

No.14105/2022 (Harpreet Singh Vs. State of Raj.) decided on

27.03.2023 and CRLMB No.3866/2023 (Indrajeet Singh Vs. State

of Raj.) decided on 10.05.2023.

3. Learned Public Prosecutor opposes the bail application and

submits that it is a sensitive matter concerning national security

as the alleged contraband is presumed to be delivered from

Pakistan by using drone however, he is not in a position to refute

the fact that the contraband in question is below commercial

quantity and the petitioner has no criminal antecedents.

4. Heard learned counsel for the petitioner and learned Public

Prosecutor and also perused the material available on record.

5. This Court, having regard to the facts and circumstances of

the case and without expressing any opinion on merits/demerits of

the case and looking to the fact that the trial will take long time, is

of the opinion that the bail application filed by the petitioner

deserves to be accepted.

6. Consequently, the second bail application filed under Section

439 Cr.P.C. is allowed. It is ordered that petitioner Sukhvindra

Singh S/o Kashmeer, shall be released on bail in connection

with the aforesaid FIR; provided he executes personal bond in the

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sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Court. Petitioner shall be required

to appear before that Court on all dates of hearing and as and

when called upon to do so.

(DR. NUPUR BHATI),J 112-amit/-

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