Citation : 2021 Latest Caselaw 5656 Raj
Judgement Date : 25 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 2465/2021
Bhairu Lal S/o Sh. Banshi Lal, Aged About 20 Years, By Caste Bheel, R/o Naonpur, P.s. Begu, District Chittorgarh. (Presently Lodged In Sub Jail Parbatsar, Nagaur).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr. R.S. Gill For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
25/02/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.105/2017 of Police Station Kuchaman City, District
Nagaur for the offence(s) punishable under Section(s)
8/15 and 29 of the NDPS Act. 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 Kulwant Singh has already been enlarged on
bail by the order of this Court dated 9.2.2021 while
taking into consideration the fact that the Seizure Officer
namely Suman Choudhary (PW-1), in her court
statements, has admitted that separate samples from
each bag containing narcotic substance poppy straw has
(2 of 2) [CRLMB-2465/2021]
not been taken out. It is further submitted that the
petitioner is also liable to be enlarged on bail.
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) - Bhairu Lal S/o Sh. Banshi Lal
shall be released on bail in connection with FIR
No.105/2017 of Police Station Kuchaman City, District Nagaur 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
33-msrathore/-
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