Rajasthan High Court - Jodhpur
Gouru @ Gourilal vs State Of Rajasthan (2024:Rj-Jd:42726) on 19 October, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:42726]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10943/2024
Gouru @ Gourilal S/o Sojiram Banjara, Aged About 58 Years, R/
o Naya Talab, Thana Gangrar, Present Thana Sadas, Dist.
Chittorgarh, Raj. (Lodged In Central Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. Rajesh Bhati, PP with
Mr. Ravindra Singh Bhati, AGA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 19/10/2024 This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.56/2007 registered at Police Station Gangrar, Dist. Chittorgarh, for the offences under Sections 8/18 and 8/29 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that as per the prosecution, contraband (opium) weighing 66.200 Kgs. was recovered from the conscious possession of co-accused persons namely Ratanlal, Mukesh and Prem. It was contended that as per the prosecution, the petitioner was accompanying co-accused persons however, on seeing police personnel, he fled away from the place of incident.
(Downloaded on 19/10/2024 at 10:59:49 PM) [2024:RJ-JD:42726] (2 of 3) [CRLMB-10943/2024] Learned counsel submitted that above named co-accused persons from whose conscious possession contraband (opium) was recovered have already been acquitted by the Court of Special Judge, NDPS Act Cases No.1, Chittorgarh vide judgment dated 06.02.2014. It was further contended that another co-accused Uda @ Udaylal (S.B. Criminal Misc. Bail Application No.7106/2023) has already been enlarged on bail by this Court vide order dated 13.07.2023.
Lastly, learned counsel submitted that the case of the present petitioner is not distinguishable from that of the co- accused Uda @ Udaylal who has already been enlarged on bail by this Court; 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.
Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused persons from whose conscious possession contraband greater than commercial quantity was recovered have already been acquitted by the Court of Special Judge, NDPS Act Cases No.1, Chittorgarh and another co-accused Uda @ Udaylal has 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.
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[2024:RJ-JD:42726] (3 of 3) [CRLMB-10943/2024] Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Gouru @ Gourilal S/o Sojiram Banjara arrested in connection with F.I.R. No.56/2007 registered at Police Station Gangrar, Dist. Chittorgarh, 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.
(KULDEEP MATHUR),J 486-divya/-
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