Dinesh vs State
2021 Latest Caselaw 12580 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10387/2021

Dinesh S/o Sh. Baburam Vishnoi, Aged About 35 Years, R/o Bablo Ki Dhani, Doli, P.s. Kalyanpur, Dist. Barmer, Rajasthan. (Presently Lodged In District Jail, Chittorgarh).

----Petitioner Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

11/08/2021

The instant bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in relation to

FIR No.112/2018, Police Station Sadar Nimbahera District

Chittogarh for offence under Section 8/29 of the NDPS Act.

Heard. Perused the material available on record.

The recovery of contraband poppy-straw weighing 2 Quintal

was effected from a vehicle being driven by the co-accused

Shivpal Singh. The bail application (No.6359/2019) of the said

Shivpal has been accepted by this Court vide order dated

09.07.2019. The petitioner herein has been implicated in this case

by invoking provisions of Section 8/29 of the NDPS Act on the

premise that he supplied contraband to Shivpal. However, this

allegation of the prosecution appears to be based on the

interrogation note of the said co-accused, who has since been

enlarged on bail. As per order rejecting bail, though two previous

(2 of 2) [CRLMB-10387/2021]

criminal cases are registered against the petitioner, but both of

them do not involve similar offences. Thus, I am of the opinion

that the conditions of Section 37 of the NDPS Act are duly satisfied

and hence, petitioner deserves indulgence of bail.

In this background and having regard to the overall facts and

circumstances of the case as available on record, this Court is

inclined to extend indulgence of bail to the accused petitioner.

Accordingly, the bail application is allowed and it is directed that

the accused-petitioner Dinesh S/o Shri Baburam Vishnoi arrested

in connection with the F.I.R. No.112/2018 registered at Police

Station Sadar Nimbahera, District Chittorgarh shall be released on

bail provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- 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.

(SANDEEP MEHTA),J 155-Sudhir Asopa/-

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