Rajasthan High Court
Ishwar Singh S/O Narayan Singh vs The State Of Rajasthan ... on 6 March, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:11525]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2177/2024
Ishwar Singh S/o Narayan Singh, Aged About 24 Years, R/o
Chokadi Khurd, Police Station Dug, District Jhalawar. (Raj.)
(Petitioner Is In Sub. Jail Bhawanimandi)
----Petitioner
Versus
The State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ali Mohd. Khan
For Respondent(s) : Mr. Sanjeev Mahala, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
06/03/2024
1. The instant bail application has been filed under Section 439
of Cr.P.C. on behalf of the petitioner, who has been arrested in
connection with FIR No.35/2023 registered at Police Station Dug,
District Jhalawar for the offences punishable under Sections 8/20,
8/25 and 8/29 of NDPS Act.
2. It is contended by learned counsel for the petitioner that the
accused-petitioner has falsely been implicated in this case. He
submits that petitioner has been made accused in this case solely
on the basis of police interrogation of the co-accused. He submits
that after arrest, no contraband has been recovered at the
instance of the petitioner. He further submits that co-accused
persons namely- Pappu Singh, Gajendra Prasad and Dheerap
Singh, who were found in possession of the alleged contraband
have been granted benefit of bail by this Court and other co-
[2024:RJ-JP:11525] (2 of 3) [CRLMB-2177/2024]
accused person namely- Mohanlal has been granted benefit of
anticipatory bail by a co-ordinate Bench of this Court. Learned
counsel for the petitioner has relied upon the judgment rendered
by Hon'ble Supreme Court in the case of Tofan Singh Vs. State
of Tamil Nadu reported in AIR 2020 SC 5592. There are no
criminal antecedents of the petitioner. Petitioner is in custody since
his date of arrest. Charge-sheet has been filed and trial will take
considerable time. Further custody of the petitioner would not
serve any fruitful purpose.
3. Learned Public Prosecutor opposes the bail application.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances
of the case; considering the arguments advanced by learned
counsel for the petitioner, especially the fact that no contraband
has been recovered at the instance of the petitioner and
aforementioned co-accused persons have already been granted
benefit of bail by this court as well as co-ordinate bench of this
court; so also keeping in view the law laid down by the Hon'ble
Supreme Court in the case of Tofan Singh Vs. State of Tamil
Nadu reported in AIR 2020 SC 5592; charge-sheet has been
filed as well as looking to the custody period, but without
commenting anything on the merits or demerits of the case, I
deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed
that accused-petitioner- Ishwar Singh S/o Narayan Singh,
shall be released on bail provided he furnishes a personal bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together
[2024:RJ-JP:11525] (3 of 3) [CRLMB-2177/2024]
with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand Only) each to the satisfaction of the learned Trial Court
with the stipulation that he shall appear before that Court and any
court to which the matter is transferred, on all subsequent dates
of hearing and as and when called upon to do so.
7. However, it is made clear that the petitioner shall not involve
in similar offence(s) during currency of bail granted by this Court.
The petitioner is further directed to mark his presence in the
concerned police station on first Monday of every month, till trial is
concluded.
8. If breach of any of these conditions is reported or come to
the notice of the Court, the same shall alone be a reason for the
trial court to cancel the bail granted to petitioner by this Court.
(ANIL KUMAR UPMAN),J
DEEPA RANI -66
Powered by TCPDF (www.tcpdf.org)
