Rajasthan High Court - Jodhpur
Pushkar Das vs State Of Rajasthan on 5 February, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1863/2021
1. Pushkar Das S/o Jagdish Das Bairagi, Aged About 38
Years, R/o Bajni, P.s. Ratajana, Dist. Pratapgarh (Raj.).
(In Judicial Custody At Central Jail, Jodhpur).
2. Prakash Kumawat S/o Chaina Ram Kumawat, Aged About
40 Years, R/o Barkheda, P.s. Ratajana, Dist. Pratapgarh
(Raj.). (In Judicial Custody At Central Jail, Jodhpur).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Choudhary
For Respondent(s) : Mr. Shrawan Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/02/2021
Heard learned counsel for the parties and perused the
material available on record.
The petitioners have been arrested in FIR No.16/2021 of
Police Station Luni, District Jodhpur for the offence(s)
punishable under Section(s) 8/18 N.D.P.S. Act. They have
preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that
he does not want to press the criminal misc. bail application
preferred on behalf of the petitioner No.1-Pushkar Das
S/o Jagdish Das Bairagi, however, seeks liberty for him to
(2 of 3) [CRLMB-1863/2021]
file a fresh bail application before the trial Court after filing of
the charge-sheet.
Accordingly, the bail application preferred on behalf of
petitioner No.1-Pushkar Das S/o Jagdish Das Bairagi
under Section 439 Cr.P.C. is dismissed as not pressed with
the liberty sought for.
So far as petitoner No.2-Prakash Kumawat S/o
Chaina Ram Kumawat is concerned, it is submitted that
narcotic contraband opium alleged to have been recovered in
the matter is 1 kg, 20 gms, which is below commercial
quantity.
Learned Public Prosecutor has opposed the bail
applications.
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 petitioner No.2- Prakash Kumawat S/o Chaina Ram
Kumawat under Section 439 Cr.P.C.
Accordingly, the bail application preferred on behalf of
the petitioner No.2- Prakash Kumawat S/o Chaina Ram
Kumawat filed under Section 439 Cr.P.C. is allowed and it is
directed that he shall be released on bail in connection with
FIR No.16/2021 of Police Station Luni, District Jodhpur
provided he executes 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
(3 of 3) [CRLMB-1863/2021]
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
120-akash/-
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