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2022 DIGILAW 2878 (RAJ)

Kulvindra Singh @ Kindu v. State of Rajasthan

2022-12-05

DINESH MEHTA

body2022
JUDGMENT Dinesh Mehta, J. - This application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.243/2022, Police Station Rawla, Distict Sri Ganganagar for the offences under Sections 8/21, 25 & 29 of NDPS Act. 2. Learned counsel for the applicant argued that the applicant has been enroped on the basis of statement of co-accused that too when the quantity of contraband substance (Heroin) involved was 17 gms (below commercial quantity). 3. Informing that the main accused - Sohanlal @ Sonu himself has been enlarged on bail by the Coordinate Bench of this Court vide its order dated 22.09.2022 (SB Criminal Misc. Bail Application No.12469/2022), learned counsel for the applicant submitted that the present applicant is also entitled for such benefit. 4. Opposing the bail application of the applicant, learned Public Prosecutor submitted that one more case of like nature is pending against the applicant and since the applicant is engaged in business of supply of contraband substance his bail application be rejected. 5. Having regard to the facts and circumstances of the case and considering that the main accused - Sohanlal @ Sonu to whom contraband substance has been recovered has been enlarged on bail by the Coordinate Bench of this Court and also considering the fact that in other case in which applicant has been made accused is also of below commercial quantity (2.20 gms), I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C. 6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Kulvindra Singh @ Kindu S/o Chiman Singh arrested in connection with FIR No.243/2022, Police Station Rawla, District Sri Ganganagar shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court. 7. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 8. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.