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Rajasthan High Court - Jodhpur

Narpinder Singh @ Binda @ Pinda @ Soni vs State Of Rajasthan on 6 May, 2022

Author: Farjand Ali

Bench: Farjand Ali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
   S.B. Criminal Miscellaneous Bail Application No. 5253/2022

Narpinder Singh @ Binda @ Pinda @ Soni S/o Sardar Joginder
Singh, Aged About 25 Years, Vill. Karma P.s. Mamdot, Dist.
Firozpur (Punjab).
(At Present Lodged In Dist. Jail, Barmer).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Laxman Bishnoi
For Respondent(s)         :     Mr. Arun Kumar, P.P.



             HON'BLE MR. JUSTICE FARJAND ALI

Order 06/05/2022 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.11/2021, Police Station Binjrad, District Barmer, registered for the offence under Sections 8/21, 24, 25, 29 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 stated that co-accused Angrej Singh has been enlarged on bail by co-ordinate Bench of this Court vide order dated 23.03.2022 and the case of the petitioner is on better footing than to co-accused Angrej Singh. Since there is no direct evidence or recovery of the contraband from his possession, therefore, the embargo contained in Section (Downloaded on 07/05/2022 at 08:26:16 PM) (2 of 2) [CRLMB-5253/2022] 37 of the NDPS Act would not attract. Therefore, on the ground of parity, petitioner too deserves to be enlarged on bail.

On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner.

Having regard to the facts and circumstances of the case, 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.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Narpinder Singh @ Binda @ Pinda @ Soni S/o Sardar Joginder Singh, arrested in connection with F.I.R. No.11/2021, Police Station Binjrad, District Barmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, including one 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.

(FARJAND ALI),J 86-Bharti/-

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