Pappu @ Piyush vs State Of Rajasthan
2021 Latest Caselaw 19231 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7024/2021

Pappu @ Piyush S/o Peeru Banzara, Aged About 41 Years, Village Uchhed, Manasa Police Station, District Neemach (Madhya Praesh). (Lodged In District Jail, Chittorgarh).

----Petitioner Versus State Of Rajasthan, Through P.p.

                                                                ----Respondent


For Petitioner(s)        :     Mr. B.Ray Bishnoi
For Respondent(s)        :     Mr. B.R. Bishnoi, PP-AGC



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

16/12/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.402/2017 of

Police Station Nimbahera Sadar, District Chittorgarh for the

offences punishable under Sections 8/15 and 8/29 of NDPS Act.

He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of the first bail of application of the petitioner, statement

of the Investigation Officer has been recorded before the trial

court. It is further submitted that as per the prosecution story,

poppy straw above commercial quantity was recovered from the

possession of co-accused Pawan Nath and Mahendra Singh. It is

also submitted that on the basis of confessional statement of the

above named co-accused persons, the petitioner has been

(2 of 2) [CRLMB-7024/2021]

involved in this case with the allegation that he supplied the said

narcotic contraband to them. It is also submitted that a Co-

ordinate Bench of this Court has already granted bail to co-

accused persons namely Pawan Nath and Mahendra Singh while

taking into consideration the fact that the Seizure Officer has

failed to take out sample from the recovered narcotic contraband

as per the procedure.

Learned Public Prosecutor has opposed the bail application,

however, he is not in a position to dispute the fact that the co-

accused persons have already been enlarged on bail and case of

the petitioner is not distinguishable from them.

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 accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Pappu @ Piyush

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

No.402/2017 of Police Station Nimbahera Sadar, District

Chittorgarh provided he executes a personal bond in a 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 appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J

Arun-1/-

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