Ishu Dagala vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.176/2023 registered at Police Station Jawaharnagar, District Sriganganagar for offences under Sections 8/18, 20, 25 & 29 of the NDPS Act and Section 3/25(1-B)(a) & 35 of Arms Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the narcotic contraband was not recovered from the conscious possession of the present petitioner Learned counsel further submitted that the co-accused persons namely Murari Lal @ Kaliya Lattu (S.B. Criminal Miscellaneous Bail Application No.7084/2023), Akshy Dagla (S.B. Criminal Miscellaneous Bail Application No.6350/2023) and Bejnath (S.B. Criminal Miscellaneous Bail Application No.5493/2023)            have already been enlarged on bail by this Court vide orders dated 13.07.2023, 26.05.2023 & 18.05.2023 respectively. Learned counsel for the petitioner further submitted that the narcotic contraband recovered in the matter is below commercial quantity.

Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the recovered contraband in the matter is below commercial quantity and the above named co-accused persons have already been enlarged on bail by this Court.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ishu Dagala S/o Sh Murarilal Nayak arrested in connection with F.I.R. No.176/2023 registered at Police Station Jawaharnagar, District Sriganganagar shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.