Rajasthan High Court - Jodhpur
Arvind Singh vs State Of Rajasthan (2024:Rj-Jd:41729) on 10 October, 2024
Author: Rajendra Prakash Soni
Bench: Rajendra Prakash Soni
[2024:RJ-JD:41729]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12459/2024
Arvind Singh S/o Rajpreet Singh, Age About 25 Years, R/o Ward
No. 02 Chak Jhawalasingh P.s. Hanumangarh Town Dist.
Hanumangarh. (At Present Lodged At Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Achala Ram
For Respondent(s) : Mr. Shrawan Singh, PP
HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Judgment / Order
10/10/2024
1. Petitioner is lugged and locked in F.I.R No.695/2024 of Police
Station Hanumangarh Junction, District Hanumangarh, for the
offence under Section(s) 8/21 of the NDPS Act, 1985. He has filed
this application for restoration of liberty under section 483 of
BNSS (Section 439 of the old Code).
2. I have considered the rival submissions made by learned
counsel for the petitioner as well as learned public prosecutor and
perused the record.
3. Learned Public Prosecutor for the State has strongly objected
the different submissions made by learned counsel for the
petitioner and submitted that 6.76 Grams of contraband Heroin
has been recovered in this matter. He thus, prayed that in the
facts of the present case, it is expedient that accused be kept in
the custody.
[2024:RJ-JD:41729] (2 of 3) [CRLMB-12459/2024]
4. I have given my anxious consideration to the rival
submissions with reference to material placed before me.
5. On perusal of the record, it would be clear that according to
the case spelled out in the FIR, the recovered contraband weighs
below commercial quantity therefore, recording of finding
envisaged under Section 37 of the Act is not a sine qua non for
granting bail. The petitioner is not involved in any other case
under the Act and trial of the case will take sufficient time to
conclude. Petitioner is in custody since 05.09.2024.
6. Having considered the material available on record; the
arguments advanced by counsel for the petitioner particularly the
facts narrated above and the fact that bail rejection order goes to
show that petitioner is not involved in any other case under the
N.D.P.S. Act; that trial is likely to take its own considerable time
and taking note of all these aspects, I do not intend to go into the
merits of the matter but of the considered view that no useful
purpose would be served by keeping the petitioner in detention for
an indefinite period therefore, I am inclined to grant indulgence of
bail to the petitioner at this stage.
7. Consequently, the present bail application is allowed and it is
directed that the accused-petitioner Arvind Singh S/o Rajpreet
Singh, arrested in connection with the F.I.R. No. 695/2024 of
Police Station Hanumangarh Junction, District Hanumangarh shall
be released on bail provided he furnishes a personal bond and two
surety bonds of sufficient amount to the satisfaction of the learned
trial court with the stipulation to appear before that Court on all
dates of hearing and as and when called upon to do so. This order
[2024:RJ-JD:41729] (3 of 3) [CRLMB-12459/2024]
is subject to the condition that accused, within 7 days of his
release, and sureties on the day of furnishing bail, will also furnish
details of their all bank accounts, with bank and branch name, in
shape of an affidavit, and submit legible copy of their Aadhar
cards as well as copy of front page of Bank pass book, for smooth
recovery of penalty amount, if there arise a need for recovery of
penalty under Section 446 Cr.P.C in future.
(RAJENDRA PRAKASH SONI),J
88-minki/-
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