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2022 DIGILAW 935 (RAJ)

Bhupendra v. State Of Rajasthan

2022-03-22

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.21/2022, Police Station Bhirani, District Hanumangarh, registered for the offence punishable under Sections 8/21 and 29 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 - chitta (heroin) weighing 27 gms. 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; no investigation or recovery is pending against the petitioner; and trial will take time. 4. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner. 5. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner. 6. 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 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. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Bhupendra S/o Shri Mahaveer Prasad, arrested in connection with F.I.R. No.21/2022, Police Station Bhirani, District Hanumangarh, 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 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.