HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4239/2022 Chandra Bhan S/o Sahi Ram, Aged About 25 Years, R/o Village 04, L.C. (A), P.S. Jaitsar, Dist. Sri Ganganagar (Raj.).
(At Present Lodged In Central Jail, Bikaner).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Rajendera Kumar Soni. For Respondent(s) : Mr. Mukhtiyar Khan, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order 04/04/2022 The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.216/2020, Police Station Sri Karanpur, District Sri Ganganagar, for the offences punishable under Sections 8/21, 22 N.D.P.S. Act.
Learned counsel for the petitioner submits that co-accused Ashok Kumar & Banshi Lal have already been enlarged on bail by the Coordinate Bench of this Court and the case of present petitioner is not distinguishable from those of the co-accused. Counsel further submits that the only allegation against the petitioner is that he went in the Car and he has nothing to do with the alleged recovery of contraband. The petitioner is in judicial custody and trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused- petitioner.
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(2 of 2) [CRLMB-4239/2022] Per Contra, Learned Public Prosecutor has opposed the bail application.
Heard learned counsel for the parties and gone through the case diary and materials available on record.
From perusal of the case diary, it appears that the petitioner and co-accused Ramesh both were caught-hold along with the contraband, which is the commercial quantity. In such circumstances, no case for grant of bail is made out at this stage.
Accordingly, this Criminal Miscellaneous Bail Application is dismissed. However, liberty is granted to the petitioner to file a fresh bail application after recording the statement of the Investigating Officer / Seizure Officer.
(MANOJ KUMAR GARG),J 75-prashant/-
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