Balu Singh vs State Of Rajasthan
2021 Latest Caselaw 3293 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 404/2021

Balu Singh S/o Sh. Kacharu Singh Gurjar, Aged About 35 Years, R/o Dhabla Mahesh, P.s. Suwasara District Mandsore (M.p.). (Presently Lodged In District Jail, Chittorgarh).

                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Kamal Rathore
For Respondent(s)        :     Mr. Laxman Solanki, PP



       HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                         Judgment / Order

05/02/2021

The present 2nd bail application has been filed under Section

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

connection with FIR No.143/2020, Police Station Sadar Nimbahera

for the offence punishable under Sections 8/15 NDPS Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

It is submitted on behalf of the petitioner that after dismissal

of the first bail application of the petitioner on 15.12.2020, the

charge-sheet has been filed. Learned counsel for the petitioner

submits that except the statement of the co-accused Sanjay, Sonu

and Suman, there is no evidence to connect the present petitioner

with the recovery of contraband in this case. He further submits

that neither the petitioner was present at the place of recovery

nor any contraband has been recovered from him. He further

(2 of 2) [CRLMB-404/2021]

submits that there is no case of like nature pending or decided

against the petitioner. The conclusion of trial will take sufficiently

long time, therefore, it is prayed that the petitioner may be

enlarged on bail.

Learned Public Prosecutor opposes the bail application.

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 accused

petitioner under Section 439 Cr.P.C.

Accordingly, the 2nd bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Balu Singh S/o

Sh. Kacharu Singh Gurjar, shall be released on bail in

connection with FIR No.143/2020, Police Station Sadar Nimbahera

provided he furnishes a personal bond in a sum of Rs.1,00,000/-

(Rupees: One Lac Only) with two sound and solvent sureties of

Rs.50,000/- (Rupees: Fifty Thousand Only) each to the

satisfaction of learned trial court for 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.

(VINIT KUMAR MATHUR),J

17-praveen/-

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