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2021 DIGILAW 1695 (RAJ)

Chirag Sangwani v. State of Rajasthan

2021-09-13

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.112/2021, Police Station Danpur, District Banswara, registered for the offence punishable under Section 8/21 of the NDPS Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that as per prosecution, alleged contraband ? brown sugar weighing 8.43 grams has been recovered from the co-accused, Bhavya Raj Singh, which is below commercial quantity and he has already been granted benefit of bail; and trial of the case will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may also be granted to the petitioner. 4. Per contra, learned Public Prosecutor has opposed the bail application and requested to call for the antecedents of the accused-petitioner. In reply, learned counsel for the petitioner stated at bar that no other case is pending against the accused-petitioner. 5. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered alleged contraband is below commercial quantity; benefit of bail has been granted to the main accused Bhavya Raj Singh by this Court vide order dated 12.08.2021; further investigation and trial will take long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application is allowed. It is ordered that the petitioner, Chirag Sangwani S/o Sh. Vinod Sangwani, arrested in connection with F.I.R. No.112/2021, Police Station Danpur, District Banswara, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand only) each 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.