Devilal S/O Shri Gangaram vs State Of Rajasthan
2021 Latest Caselaw 189 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 14520/2020

Devilal S/o Shri Gangaram, R/o Mahuakhoh Ps Aklera Dist.
Jhalawar Raj. (At Present Accused Petitioner Is Confined In
Jhalawar Jail Dist. Jhalawar)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

For Petitioner(s) : Mr. Nirmal Kumar Gurjar For Respondent(s) : Mr. S.S. Ola, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

11/01/2021 The matter comes up on application No.1/2020 for early

hearing. For the reasons stated in the application, the same is

allowed.

With the consent of the parties the bail application is heard

on merit today.

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.114/2019 registered at Police Station Panwar District Jhalawar

for the offence(s) under Section(s) 8/21 read with 29 of the

Narcotic Drugs and Psychotropic Substances Act, 1985.

It is contended by learned counsel for the petitioner that the

petitioner has falsely been implicated in this case on the basis of

statement of co-accused, who has already been extended benefit

of bail by this Court. With regard to his criminal antecedents,

(2 of 2) [CRLMB-14520/2020]

learned counsel for the petitioner submitted that he has been

acquitted by the learned Special Judge (NDPS) Cases, Jhalawar

vide judgment dated 29.05.2013 in Sessions Case No.30/2009. He

submits that the petitioner is in custody since 03.11.2020,

investigation as against him is complete, trial of the case will take

time and prayed for his release on bail.

Learned Public Prosecutor has opposed the bail application.

Taking into consideration the submissions advanced by

learned counsel for the petitioner, the nature of allegation against

him, his length of custody and release of co-accused on bail by

this Court; but, without expressing any opinion on the merits of

the case, this court deems it just and proper to enlarge the

petitioner on bail.

Accordingly, the bail application is allowed and it is directed

that accused-petitioner Devilal S/o Shri Gangaram shall be

released on bail under Section 439 Cr.P.C. in connection with

afore-mentioned FIR registered at concerned Police Station,

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

(Rupees One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial court with the stipulation that he shall comply with all

the conditions laid down under Section 437(3) Cr.P.C.

(MAHENDAR KUMAR GOYAL),J

Sudha/03

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