Rajasthan High Court - Jaipur
Chen Singh vs State Of Rajasthan Through Pp on 28 May, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.2nd BAIL APPLICATION NO.3371/2012. Chen Singh Vs. State of Rajasthan Date of order : May 28, 2012. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Shamsuddin Ansari for the petitioner. Shri Paresh Choudhary Public Prosecutor for State.
****** Counsel for the petitioner has cited the judgments passed by the different co-benches of this Court in different bail applications saying that in cases in which quantity of contraband Smack recovered is 10 gms., 30 gms. and 20 gms. etc., the court was persuaded to grant bail to the accused-petitioner because notified commercial quantity of Smack is 250 gms. and provided that there no other criminal case is pending against the accused. Case of the petitioner also is that this is his first offence. There is no other criminal case registered against petitioner. Quantity of contraband Smack recovered at his instance is 12 gms. Petitioner undertakes not to indulge in similar offence in future. He is in jail since 24/1/2012. Trial may take long.
Learned Public Prosecutor has opposed the bail application but could not controvert the facts aforestated.
Without expressing any opinion on the merits of the case however considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail u/S.439 Cr.P.C.
In the result, this second bail application under Section 439 Cr.P.C. is allowed and it is directed that petitionerChen Singh S/o Mangi Lal shall be released on bail in FIR No.77/2012 registered at Police Station Udyog Nagar, Kota for offence under Section 8/21 of the NDPS Act upon his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before the trial court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
Anil/163 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum JW