HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
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S.B. Criminal Misc. Bail Application No. 2118/2022. Ashok S/o Raju @ Rajmal, aged 25 years, Resident of Subi, Thana Choti Sadari, District Pratapgarh. (Presently Lodged In Central Jail, Udaipur)
----Petitioner Versus State Of Rajasthan through PP
----Respondent For Petitioner(s) : Mr. Mangi Lal Bishnoi. For Respondent(s) : Mr. Anda Ram Choudhary, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 15/02/2022 The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 69/2019, Police Station Kheroda, District Udaipur, registered for the offence punishable under Section 8/15 & 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that the contraband in question (i.e. Poppy-husk weighing 353 kgs. 600 grams) was recovered from the main accused person Shyam Lal; that the (Downloaded on 15/02/2022 at 08:42:16 PM) (2 of 3) [CRLMB-2118/2022] accused Shyam Lal named another accused Umesh Beniwal, who has been granted benefit of bail by the co-ordinate Bench of this Court on 25.03.2021; that the accused Umesh Beniwal named accused Ankit @ Deepak, who has been granted benefit of bail by the co-ordinate Bench of this Court on 19.05.2021; that there is no evidence against the accused-petitioner except the statement of the co-accused persons; that after trial, the main accused Shyam Lal S/o Narayan and Umesh Beniwal S/o Jaswant Ram have been acquitted by the learned Trial Court vide its judgment/order dated 30.09.2021 [Case No. 284/2019 (CIS No. 284/2019]; that the allegations levelled against the present accused-petitioner are identical to that of Ankit @ Deepak; that only the allegation of escorting the vehicle has been alleged against the accused-petitioner; that the accused-petitioner is in custody since 10.01.2022; and that the trial will take time, therefore, benefit of bail may be granted to the accused- petitioner.
Per contra, learned Public Prosecutor has vehemently and fervently opposed the bail application of the accused-petitioner but does not controvert the arguments advanced by the learned counsel for the accused-petitioner.
Having regard to the facts and circumstances of the case, particularly looking to the facts that the benefit of bail has already been granted to the co-accused persons, namely, Umesh Beniwal S/o Jaswanta Ram by the co-ordinate Bench of this Court vide order dated 25.03.2021 (Bail Application No. 2565/2021) and to the accused Ankit @ Deepak S/o Premchand also by the co- ordinate Bench of this Court vide order dated 19.05.2021 (Bail Application No. 5879/2021); that after trial, the main accused (Downloaded on 15/02/2022 at 08:42:16 PM) (3 of 3) [CRLMB-2118/2022] Shyam Lal and Umesh Beniwal have been acquitted by the learned Trial Court vide judgment/order dated 30.09.2021; and that trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the petitioner, Ashok S/o Raju @ Rajmal, arrested in connection with F.I.R. No. 69/2019, Police Station Kheroda, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with two sound and solvent surety bonds in the sum of Rs. 50,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 85-Mohan/-
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