Citation : 2021 Latest Caselaw 2481 Raj
Judgement Date : 29 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1261/2021
Narayan S/o Khemraj Kumawat, Aged About 40 Years, Rajpura, P.s. Parsoli, District Chittorgarh (Raj.). (At Present Lodged At District Jail, Chittorgarh).
----Petitioner Versus State, Through P.p.
----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1262/2021 Ganpat S/o Bheparam Vishnoi, Aged About 24 Years, Vishnu Ki Dhani, Lunawas Khara Thana Jhanwar, District Jodhpur (Raj.). (At Present Lodged In District Jail, Chittorgarh).
----Petitioner Versus State, Through P.p.
----Respondent S.B. Criminal Miscellaneous Bail Application No. 1263/2021 Sumer S/o Bheparam Vishnoi, Aged About 25 Years, Vishnu Ki Dhani, Lunawas Khara Thana Jhanwar, District Jodhpur (Raj.). (At Present Lodged In District Jail, Chittorgarh).
----Petitioner Versus State, Through P.p.
----Respondent S.B. Criminal Miscellaneous Bail Application No. 1264/2021 Ramswaroop S/o Aasu Ram Vishnoi, Aged About 27 Years, Nimbali Thana Rohat, District Pali Raj. (At Present Lodged In District Jail Chittorgarh).
----Petitioner Versus State, Through P.p.
----Respondent S.B. Criminal Miscellaneous Bail Application No. 1265/2021 Muknaram S/o Kanaram Vishnoi, Aged About 26 Years, Vishnu Ki Dhani, Lunawas Khara Thana Jhanwar, District Jodhpur (Raj.). (At Present Lodged In District Jail, Chittorgarh).
----Petitioner Versus State, Through P.p.
----Respondent S.B. Criminal Miscellaneous Bail Application No. 1266/2021
Shyamlal S/o Karnaram Vishnoi, Aged About 26 Years, Doli Khurd Thana, Kalyanpur, District Barmer. (At Present Lodged In District Jail Chittorgarh).
----Petitioner Versus State, Through P.p.
----Respondent S.B. Criminal Miscellaneous Bail Application No. 1267/2021 Sumer S/o Bhakarram Vishnoi, Aged About 30 Years, Doli Kala Thana Kalyanpura, District Barmer Raj. (At Present Lodged In District Jail Chittorgarh).
----Petitioner Versus State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Abhishek Charan Mr. Shaitan Singh For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
29/01/2021 Heard learned counsel for the petitioners as well as learned
Public Prosecutor and also perused the material on record.
The petitioners have been arrested in FIR No.155/2020 of
Police Station Parsoli, District Chittorgarh for the offences
punishable under Sections 8/15, 25, 29 of NDPS Act and 342, 365
and 327 of IPC. They have preferred these bail applications under
Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that
narcotic contraband poppy husk alleged to have been recovered in
the matter is 12Kgs, 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 the accused
petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section 439
Cr.P.C. are allowed and it is directed that petitioners Narayan S/o
Khemraj Kumawat, Ganpat S/o Bheparam Vishnoi, Sumer S/o
Bheparam Vishnoi, Ramswaroop S/o Aasu Ram Vishnoi, Muknaram
S/o Kanaram Vishnoi, Shyamlal S/o Karnaram Vishnoi and Sumer
S/o Bhakarram Vishnoi shall be released on bail in connection with
FIR No.155/2020 of Police Station Parsoli, District Chittorgarh
provided each of them executes a personal bond in a 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 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
19 to 25-Arun/-
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