Rajasthan High Court - Jodhpur
Mukesh Kumar Dhakar vs State on 17 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 13356/2021
Mukesh Kumar Dhakar S/o Shri Gopal Dhakar, Aged About 28
Years, R/o Pitha Ji Ka Kheda, Police Station Mandalgarh, District
Bhilwara. (At Present Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. B.S. Charan
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
17/12/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.169/2020 of Police Station Mandalgarh, District
Bhilwara for the offence(s) punishable under Section(s)
8/18 and 8/29 of the NDPS Act. He/she/they has/have
preferred this/these second bail application(s) under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
the petitioner has falsely been implicated in this case. It
is argued that as per the prosecution story, the police
(2 of 3)
apprehended one Narayan Lal and the present petitioner
while they were transporting 2.391 kgs of opium and in
relation to that, an FIR No.195/2020 was lodged at Police
Station Jhahajpur, Distt. Bhilwara, however during the
course of interrogation in FIR No.195/2020, Narayan Lal
had disclosed that some opium is stored in his house and
then the police reached at the house of Narayan Lal,
where they found around more than 25 kgs of opium.
Learned counsel has submitted that so far as recovery of
opium from the house of Narayan Lal is concerned, the
present petitioner has no role in that incident. It is also
submitted that the police has implicated the petitioner
solely on the basis of statement of wife of Narayan Lal,
otherwise, there is no evidence available on record to
connect the petitioner with the commission of crime in
relation to FIR No.169/2020 of Police Station Mandalgarh,
Distt. Bhilwara. Learned counsel has invited attention of
this Court towards the statement of IO namely Surjeet
Tholiya (PW-1), who in his evidence has failed to disclose
as to how the petitioner is involved in the case, wherein
more than 25 kgs of opium has been recovered from the
house of Narayan Lal.
Learned Public Prosecutor has opposed the bail
application(s).
(3 of 3)
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 second bail application(s)
filed under Section 439 Cr.P.C. is/are allowed and it is
directed that petitioner(s) - Mukesh Kumar Dhakar S/o
Shri Gopal Dhakar shall be released on bail in connection
with FIR No.169/2020 of Police Station Mandalgarh,
District Bhilwara 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 each and every date of
hearing and whenever called upon to do so till the
completion of the trial.
(VIJAY BISHNOI),J
31-msrathore/-
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