Bhagwanlal @ Bhagchand @ Bhaguba vs State
2021 Latest Caselaw 18274 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IV Bail Application No. 12892/2021

Bhagwanlal @ Bhagchand @ Bhaguba S/o Jitmal, Aged About 66 Years, R/o Soniyana, P.s. Badesar, District Chittorgarh, Rajasthan. (At Present Lodged In District Jail, Sirohi)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Chandrasen Rathore For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/12/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.486/2019 of Police Station Pindwada, Distt. Sirohi for

the offence(s) punishable under Section(s) 8/15 and 29

of the NDPS Act. He/she/they has/have preferred

this/these fourth bail application(s) under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that

after rejection of the earlier bail application of the

petitioner, Co-ordinate Benches of this Court have

granted bail to co-accused persons namely Ramesh and

(2 of 3) [CRLMB-12892/2021]

Manohar Lal. It is further submitted that case against the

petitioner is under Section 8/29 of the NDPS Act. It is

further submitted that when the other co-accused

persons have already been granted bail, the petitioner

may also be enlarged on bail.

Learned Public Prosecutor has opposed the bail

application, however, he is not in a position to dispute the

fact that case of the petitioner is not distinguishable from

the case of other co-accused persons, who have been

enlarged on bail.

Having regard to the totality of the facts and

circumstances of the case, without expressing any

opinion on the merits of the case, I deem it just and

proper to grant bail to the petitioner(s) under Section

439 Cr.P.C.

Accordingly, this/these fourth bail application(s) filed

under Section 439 Cr.P.C. is/are allowed and it is directed

that petitioner(s) - Bhagwanlal @ Bhagchand @ Bhaguba

S/o Jitmal shall be released on bail in connection with FIR

No.486/2019 of Police Station Pindwada, Distt. Sirohi

provided he/she/they execute(s) a personal bond in the

sum of Rs.50,000/- with two sound and solvent sureties

of Rs.25,000/- each to the satisfaction of learned trial

court for his/her/their appearance before that court on

(3 of 3) [CRLMB-12892/2021]

each and every date of hearing and whenever called upon

to do so till the completion of the trial.

(VIJAY BISHNOI),J

77-msrathore/-

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