Rajasthan High Court - Jaipur
Netrapal Singh S/O Shri Trilok Singh vs State Of Rajasthan on 3 March, 2022
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2187/2022
Netrapal Singh S/o Shri Trilok Singh, Aged About 35 Years, R/o
Plot No. V-29 Laxminagar Nibaru Road Jhontwara Jaipur
(Currently Confined In Central Jail Jaipur).
----Accused-Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Tara Chand Sharma with Mr. Dharmendra Gurjar For Respondent(s) : Mr. S.S. Mahala, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 03/03/2022 The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.0042/2022 registered at Police Station Jhotwara, District Jaipur (West) for the offence under Section(s) 8, 21 and 22 of NDPS Act, 1985.
Learned counsel for the petitioner submits that he has falsey been implicated in this case. Relying on a judgment of Hon'ble Delhi High Court dated 31.07.2020 in case of Iqbal Singh Vs. State, Bail Application No.645/2020, he submitted that excluding the neutral substance, recovered contraband does not reach the commercial quantity. He submits that the petitioner is in custody since 09.01.2022, investigation as against him is complete, he has no criminal antecedents, similarly situated co- accused Ashish Sharma has already been extended benefit of bail (Downloaded on 03/03/2022 at 09:07:56 PM) (2 of 2) [CRLMB-2187/2022] by a co-ordinate Bench of this Court vide order dated 23.02.2022 and prays for his release on bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody, the material contained in the case diary, absence of criminal antecedents and release of co-accused Ashish Sharma on bail by this Court; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Netrapal Singh S/o Shri Trilok Singh shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J MADAN/91 (Downloaded on 03/03/2022 at 09:07:56 PM) Powered by TCPDF (www.tcpdf.org)