Jagdish vs State Of Rajasthan
2021 Latest Caselaw 2679 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 970/2021

Jagdish S/o Shri Goverdhan, Aged About 42 Years, Loopadi, Police Station Arnod, District Pratapgarh (Raj.). (Presently Lodged At District Jail Sirohi).

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

                                                                ----Respondent


For Petitioner(s)        :     Mr. Pritam Solanki
For Respondent(s)        :     Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

01/02/2021

The present bail application has been filed under Section 439

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

connection with F.I.R. No.263/2020, Police Station Kotwali, Sirohi,

District Sirohi, registered for the offence under Sections 8/18, 29

of NDPS Act.

Heard and considered the arguments advanced by the

learned counsel for the petitioner and learned Public Prosecutor.

Perused the material available on record.

As per learned counsel for the petitioner, 2 Kg. 100 Gram

opium milk has been recovered from the accused-petitioner which

is below commercial quantity; co-accused has already been

granted benefit of bail by a co-ordinate Bench of this Court and

that the trial will take time. With these submissions, learned

(2 of 2) [CRLMB-970/2021]

counsel for the petitioner prayed that the benefit of bail may be

granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail

application of the accused-petitioner, but does not controvert the

arguments advanced by learned counsel for the petitioner.

Having regard to the facts and circumstances of the case,

particularly to the fact that recovered contraband is below

commercial quantity; the benefit of bail has already been granted

by the coordinate Bench of this Court to the co-accused persons

namely Pradeep Pareek, vide order dated 16.12.2020 (Bail

Application No.14762/2020) and Kamlesh Kumar, vide order dated

21.11.2020 (Bail Application No. 13205/2020), as mentioned

above and the trial will take sufficiently long time, therefore,

without expressing any opinion on the merits/demerits of the

case, this Court is of the opinion that the bail application filed by

the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Jagdish S/o Shri Goverdhan, arrested

in connection with F.I.R. No.263/2020, Police Station Kotwali,

Sirohi, District Sirohi, shall be released on bail, if not wanted in

any other case; provided he furnishes a personal bond of

Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.

(DEVENDRA KACHHAWAHA),J 46-amit/-

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