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2018 Supreme(Raj) 975
IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Shokat Ali @ Khattu - Appellant
Vs.
State of Rajasthan - Respondent
Criminal Misc. Bail No. 8467 of 2018
Decided On : 28-11-2018
Advocate Appeared:
For the Appellant : Mr. Kulwant Singh
For the Respondent: Mr. Arjun Singh Rathore
Headnote:
NDPS Act - Bail Application - Grant of bail under Section 439 Cr.P.C.
Fact of the Case:
The petitioner was arrested in connection with an FIR for offences under the NDPS Act. He filed a bail application under Section 439 Cr.P.C, stating that one of the co-accused had already been granted bail and alleging that he supplied the narcotic contraband to the co-accused.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C, considering the totality of the facts and circumstances of the case.
Issues: Bail application under Section 439 Cr.P.C in connection with NDPS Act offences.
Ratio Decidendi: Grant of bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Final Decision: The bail application filed under Sec.439 Cr.P.C was allowed, and the petitioner was directed to be released on bail upon fulfilling certain conditions.
1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in connection with FIR No. 160/2018 of Police Station Hindumal Kot, District Sri Ganganagar for the offences punishable under Sections 8/22 and 29 of NDPS Act, 1985. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that one of the co-accused persons from whom 215 tablets of Tramadol were recovered has already been enlarged on bail and allegation against the petitioner is to the effect that he supplied the said narcotic contraband to him.
4. Learned Public Prosecutor has opposed the bail application.
5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Shokat Ali @ Khattu S/o Shri Ishaq Khan shall be released on bail in connection with FIR No. 160/2018 of Police Station Hindumal Kot, District Sri Ganganagar provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs.25,000/- 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 the completion of the trial.
