Vishnu Singh vs Union Of India - 2022 Supreme(Raj) 919

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 919

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Vishnu Singh & Ors. – Appellants
Versus
Union Of India – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1097, 2573 of 2022
Decided On : 10-05-2022

Advocates appeared:
Varun Arora, Advocate, B. Ray Bishnoi, Advocate, Pareek, Advocate

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioners under Section 439 Cr.P.C.
Fact of the Case:

The petitioners were arrested in connection with an FIR for the offence punishable under Sections 8/22 & 29 of NDPS act. They applied for bail under Section 439 Cr.P.C, stating that no recovery was made from their possession and the trial would take a long time to conclude.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioners under Section 439 Cr.P.C.
Issues: The main issue was whether the accused petitioners should be granted bail considering the circumstances of the case.
Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioners.
Final Decision: The bail applications filed under Sec.439 Cr.P.C. were allowed, and the accused petitioners were directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Manoj Kumar Garg, J. - The petitioners has been arrested in connection with FIR No. VIII(IO)02/NCB/aSZ/2021 of Police Station NCB ajmer, for the offence punishable under Sections 8/22 & 29 of NDPS act. They have preferred these bail applications under Section 439 Cr.P.C.

2. Learned counsels for the petitioners submit that similarly situated co-accused Mahiram @ Mahi Ram and Shivjagat Saraswat have already been granted bail by the Co-ordinate Bench of this Court and the case of present petitioners are similar to that of co-accused. Counsel further submits that no recovery was made from the possession of the accused-petitioners and petitioners were implicated with the aid of Section 8/29 of NDPS act. Challan of the case has already been presented. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

3. Learned counsel for NCB has opposed these bail applications. 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 petitioners under Section 439 Cr.P.C.

4. accordingly, these bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Vishnu Singh S/o Sh. Babu Singh and (2) Vinod Choudhary S/o Moti Ram, shall be released on bail in connection with FIR No.VIII(IO)02/NCB/aSZ/2021 of Police Station NCB ajmer, provided they execute a personal bond in a sum of Rs.1,00,000/-each with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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