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2022 DIGILAW 1084 (RAJ)

Jagdev Singh v. State Of Rajasthan

2022-04-05

DEVENDRA KACHHAWAHA

body2022
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.99/2022, Police Station Taranagar, District Churu, registered for the offence punishable under Section 8/15 of the NDPS act. 2. Heard and considered arguments advanced by 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 - poppy husk/straw, weighing 5 kgs. have been recovered from the petitioner which is below commercial quantity; as per para 4 of the rejection order, no other case is registered against the petitioner; petitioner is behind the bars since 24.03.2022; further investigation and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner. 4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner. 5. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; further investigation and trial of the case will take sufficiently 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 accused-petitioner - Jagdev Singh S/o Jogendra Singh, arrested in connection with F.I.R. No.99/2022, Police Station Taranagar, District Churu, 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) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each (one shall be a local surety) to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.