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IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mahendar Kumar Goyal, J.
Kutubuddin @ Raja - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Miscellaneous Bail Application No. 14668 of 2020
Decided on : 06-01-2021
NDPS Act - Bail Application - The court granted bail to the petitioner under Section 439 Cr.P.C. considering the nature of allegations, length of custody, and absence of criminal antecedents of like nature.
Fact of the Case:
The petitioner filed a bail application under Section 439 Cr.P.C. in connection with an NDPS Act case, contending that he was falsely implicated and that the contraband allegedly recovered from his possession was less than commercial quantity.
Finding of the Court:
The court granted bail to the petitioner, taking into consideration the submissions advanced by the petitioner's counsel, the nature of allegations against him, his length of custody, and absence of criminal antecedents of like nature.
Issues: Bail application under Section 439 Cr.P.C. in connection with an NDPS Act case, petitioner's contention of false implication, and contraband quantity.
Ratio Decidendi: The court deemed it just and proper to enlarge the petitioner on bail, considering the nature of allegations against him, his length of custody, and absence of criminal antecedents of like nature.
Final Decision: The bail application was allowed, and the accused-petitioner was directed to be released on bail under Section 439 Cr.P.C. in connection with the FIR, with specified conditions.
JUDGMENT
Mahendar Kumar Goyal, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.204/2020 registered at Police Station Transport Nagar, District Jaipur City (East) for the offence(s) under Section(s) 8/21 of NDPS Act.
2. It is contended by learned counsel for the petitioner that he has falsely been implicated in this case. He submitted that the contraband allegedly recovered from his possession is less than commercial quantity. Learned counsel submitted that the petitioner is in custody since 06.11.2020, investigation as against him is complete, he has no criminal antecedents of like nature and prayed for his release on bail.
3. Learned Public prosecutor opposing the bail application submitted that the petitioner has criminal record and he does not deserve indulgence of bail.
4. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegations against him, his length of custody and absence of criminal antecedents of like nature; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, the bail application is allowed and it is directed that accused-petitioner Kutubuddin @ Raja S/o Salahuddin 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.
6. However, looking to the nature of offence and criminal antecedents of the petitioner, it is made clear that in case the petitioner is found involved in offene(s) of similar nature in future, the learned trial Court shall be at liberty to cancel the benefit of bail extended to him by this Court.
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