[2023/RJJD/008660] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8031/2022 Balkishan Balu Dhakad S/o Pyarchand Dhakad, Aged About 43 Years, R/o Semliya, Police Station Begu, District Chittorgarh. (At Present Lodged In District Jail, Bhilwara)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7204/2022 Gopal Lal S/o Shri Jagannath Das Beragi, Aged About 26 Years, R/o Semliya Ps Begu Dist. Chittorgarh (Presently Lodged In Dist. Jail Bhilwara)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 8033/2022 Ramkishan Gurjar S/o Magna Gurjar, Aged About 34 Years, R/o Jato Ka Nohra, Police Station Kotdi, District Bhilwara. (At Present Lodged In District Jail, Bhilwara)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Neeraj Kumar Gurjar Mr. Rakesh Arora For Respondent(s) : Mr. Mahipal Bishnoi, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Judgment / Order 05/04/2023 (Downloaded on 05/04/2023 at 09:27:55 PM) [2023/RJJD/008660] (2 of 3) [CRLMB-8031/2022] The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused-petitioners Balkishan Balu Dhakad, Gopal Lal and Ramkishan Gurjar. The petitioners have been arrested in connection with FIR No. 158/2021 registered at Police Station Bigoad, District Bhilwara for the offence(s) under Sections 8/15 of NDPS Act.
Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated in the case based upon the statements of the co-accused persons namely Yogesh and Bharat, from whom, 68 Kgs 300 gms poppy husk/straw were recovered. No recovery was made from the petitioners and apart from disclosure statements, there is no other evidence indicating the involvement of the petitioners in the commission of the offence. The accused petitioners are in judicial custody since long and the trial of the case will take sufficiently long time. Therefore, the benefit of grant of bail may be granted to the accused- petitioners.
Per contra, learned Public Prosecutor opposes the grant of bail applications and submits that rider of Section 37 of the NDPS Act is applicable, therefore, the bail applications of the accused petitioners may be rejected.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused- petitioners on bail.
Accordingly, the bail applications under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners Balkishan Balu Dhakad S/o Pyarchand Dhakad, Gopal Lal S/o Shri (Downloaded on 05/04/2023 at 09:27:55 PM) [2023/RJJD/008660] (3 of 3) [CRLMB-8031/2022] Jagannath Das Beragi and Ramkishan Gurjar S/o Magna Gurjar in connection with FIR No. 158/2021 registered at Police Station Bigoad, District Bhilwara shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when they are called upon to do so.
(PRAVEER BHATNAGAR),J 18-20 mohit/-
(Downloaded on 05/04/2023 at 09:27:55 PM) Powered by TCPDF (www.tcpdf.org)