Suresh Kumar vs State
2021 Latest Caselaw 2699 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 15271/2019

Suresh Kumar S/o Sh. Dev Raj, Aged About 39 Years, B/c Agrawal, R/o Ward No.15, Sadulshahar, Presently Residing At Dudakhichad, Tehsil Sadulshahar, District Sri Ganganagar. (Presently Lodged In Central Jail, Sri Ganganagar)

----Petitioner Versus State of Rajasthan through Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Ashok Kumar For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/02/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No.168/2019 of

Police Station Lalgarh Jatan, District Sri Ganganagar for the

offence punishable under Section 8/22 NDPS Act. He has preferred

this second bail application 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 further

submitted that the petitioner was not indulged in selling and

purchasing of tablets containing narcotic substance Tramadol. It is

also submitted that the petitioner is in custody since long and trial

(2 of 2) [CRLMB-15271/2019]

of the case will take time, therefore, he is entitled to be enlarged

on bail.

Learned Public Prosecutor has opposed the bail application

and submitted that as per the prosecution story, 1000 tablets

containing narcotic substance Tramadol, which is above

commercial quantity, have been recorded at the instance of the

petitioner, therefore, he is not entitled to be enlarged on bail.

Having regard to the totality of the facts and circumstances

of the case and looking to the nature of accusation and gravity of

the offence, without expressing any opinion on the merits of the

case, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioner.

Accordingly, this second bail application preferred by the

petitioner under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.3

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