Bhawani Singh vs State
2021 Latest Caselaw 2846 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 2594/2020

Bhawani Singh S/o Shri Sang Singh, Aged About 27 Years, By Caste Rajput, R/o Bhallasariya, Osia, Police Station, District Jodhpur. (Lodged In Central Jail Jodhpur).

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

                                                                ----Respondent


For Petitioner(s)        :     Mr. JVS Deora
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/02/2021

Heard learned counsel for the parties and perused

the material available on record.

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

No.100/2019 of Police Station Kherapa, Distt. Jodhpur for

the offence(s) punishable under Section(s) 8/15, 25 and

8/29 of the NDPS Act, Section 3 of PDPP Act and Sections

307, 332, 353, 420, 467, 468 and 471 IPC. 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

co-accused Ghewar Ram has already been enlarged on

bail on the ground that 49 kgs of narcotic contraband

poppy straw have been recovered from the car, which

was driven by him. It is also submitted that so far as the

present petitioner is concerned, from the statements of

(2 of 2) [CRLMB-2594/2020]

the Seizure Officer (PW-1), it is clear that at his instance,

no narcotic contranband has been recovered.

Learned Public Prosecutor has opposed the bail

application(s).

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) - Bhawani Singh S/o Shri Sang

Singh shall be released on bail in connection with FIR

No.100/2019 of Police Station Kherapa, Distt. Jodhpur 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

ms rathore

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