(1 of 3) [CRLMB-9821/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9821/2021 Jitendra Bishnoi @ Jitu S/o Sh. Balkrishna, Aged About 24 Years, 11 Bd-A, Teh. Khajuwala, Dist. Bikaner (Raj.). (Presently Lodged At Sub Jail, Anoopgarh).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9822/2021 Sudheer Bishnoi S/o Sh. Bhupsingh, Aged About 24 Years, 11 Bd-A, Teh. Khajuwala, Dist. Bikaner (Raj.). (Presently Lodged At Sub Jail, Anoopgarh)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Mahaveer Bishnoi Mr. Jayram Saran For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 27/08/2021 The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.153/2020, Police Station Rawla, District Sriganganagar, registered for the offence under Sections 8/22, 29 of the NDPS Act.
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(2 of 3) [CRLMB-9821/2021] Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioners stated that accused- petitioners have been implicated in this case only on the basis of statement of co-accused; there is no evidence against the accused-petitioners except the statement of co-accused; charge- sheet has been filed in the matter. In support of his contention, learned counsel has relied upon the judgment of this Court in case of Mukesh Vs. State of Rajasthan (S.B. Criminal Misc. Bail Application No.5256/2021, decided on 04.05.2021) and co- ordinate Bench of this Court in the case of Jagdish Vs. State of Rajasthan (S.B. Criminal Misc. Bail Application No.7989/2021, decided on 29.07.2021). With these submissions, learned counsel for the petitioners prayed that benefit of bail may be granted to the accused-petitioners.
Learned Public Prosecutor has opposed the bail application but does not controvert the fact that as per factual report, no call detail report was obtained by I.O.
Having regard to the facts and circumstances of the case, since there is no evidence except the statement of co-accused, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioners-(1) Jitendra Bishnoi @ Jitu S/o Sh. (Downloaded on 27/08/2021 at 08:41:32 PM)
(3 of 3) [CRLMB-9821/2021] Balkrishna, and (2) Sudheer Bishnoi S/o Sh. Bhupsingh, arrested in connection with F.I.R. No.153/2020, Police Station Rawla, District Sriganganagar, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.1,00,000/- (Rupees One Lackh) and two sureties of Rs.50,000/- (Rupees Fifty Thousand) each to the satisfaction of the 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.
(DEVENDRA KACHHAWAHA),J 30-31 Bharti/-
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