LAWS(RAJ)-2024-1-79

RAVI Vs. STATE OF RAJASTHAN

Decided On January 30, 2024
RAVI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.223/2023, registered at Police Station Sadar Sriganganagar, District Sriganganagar, for offence under Ss. 8/15 of the NDPS Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioner submitted that the contraband was not recovered from the conscious possession of the present petitioner. Learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of disclosure statements of co-accused Sher Singh @ Sheru @ Sukhbeer Singh. Lastly, learned counsel submitted that the recovered contraband is below commercial quantity. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

(2.) Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

(3.) Consequently, the bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ravi S/o Sarjeet Singh @ Ludan Singh Majbi arrested in connection with F.I.R. No.223/2023, registered at Police Station Sadar Sriganganagar, District Sriganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000.00 and two sureties of Rs.50,000.00 each, to the satisfaction of learned trial court, for his appearance before that court on each and every date of hearing and whenever called upon to do so till completion of the trial.