Rajasthan High Court - Jodhpur
Jitendra Bishnoi @ Jitu vs State Of Rajasthan on 27 August, 2021
Bench: Devendra Kachhawaha
(1 of 3) [CRLMB-9821/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9821/2021
Jitendra Bishnoi @ Jitu S/o Sh. Balkrishna, Aged About 24 Years,
11 Bd-A, Teh. Khajuwala, Dist. Bikaner (Raj.).
(Presently Lodged At Sub Jail, Anoopgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 9822/2021
Sudheer Bishnoi S/o Sh. Bhupsingh, Aged About 24 Years, 11
Bd-A, Teh. Khajuwala, Dist. Bikaner (Raj.).
(Presently Lodged At Sub Jail, Anoopgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahaveer Bishnoi
Mr. Jayram Saran
For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
27/08/2021
The present bail applications have been filed under Section
439 Cr.P.C. on behalf of the petitioners, who are in judicial custody
in connection with F.I.R. No.153/2020, Police Station Rawla,
District Sriganganagar, registered for the offence under Sections
8/22, 29 of the NDPS Act.
(2 of 3) [CRLMB-9821/2021]
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioners stated that accused-
petitioners have been implicated in this case only on the basis of
statement of co-accused; there is no evidence against the
accused-petitioners except the statement of co-accused; charge-
sheet has been filed in the matter. In support of his contention,
learned counsel has relied upon the judgment of this Court in case
of Mukesh Vs. State of Rajasthan (S.B. Criminal Misc. Bail
Application No.5256/2021, decided on 04.05.2021) and co-
ordinate Bench of this Court in the case of Jagdish Vs. State of
Rajasthan (S.B. Criminal Misc. Bail Application No.7989/2021,
decided on 29.07.2021). With these submissions, learned counsel
for the petitioners prayed that benefit of bail may be granted to
the accused-petitioners.
Learned Public Prosecutor has opposed the bail application
but does not controvert the fact that as per factual report, no call
detail report was obtained by I.O.
Having regard to the facts and circumstances of the case,
since there is no evidence except the statement of co-accused,
without expressing any opinion on the merits/demerits of the
case, this Court is of the opinion that the bail applications filed by
the petitioners deserve to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioners-(1) Jitendra Bishnoi @ Jitu S/o Sh.
(3 of 3) [CRLMB-9821/2021]
Balkrishna, and (2) Sudheer Bishnoi S/o Sh. Bhupsingh, arrested
in connection with F.I.R. No.153/2020, Police Station Rawla,
District Sriganganagar, shall be released on bail, if not wanted in
any other case, provided each of them furnishes a personal bond
of Rs.1,00,000/- (Rupees One Lackh) and two sureties of
Rs.50,000/- (Rupees Fifty Thousand) each to the satisfaction of
the learned trial Court for their appearance before that Court on
each and every date of hearing and whenever called upon to do so
till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
30-31 Bharti/-
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