Rajasthan High Court - Jodhpur
Shaitan Ram vs State Of Rajasthan on 29 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Third Bail Application No. 13613/2020
Shaitan Ram S/o Shri Prahlad Ram, Aged About 40 Years, R/o
Liyadara, Police Station Jhab, District Jalore, At Present Residing
At Kudi, Housing Board, Police Station Kudi Bhagtasani, District
Jodhpur.
(At Present Lodged In District Jail Pali).
----Petitioner
Versus
The State Of Rajasthan through the Public Prosecutor
----Respondent
CONNECTED WITH
S.B. Criminal Misc. Third Bail Application No. 14654/2020
Ramkaran S/o Birbalram, Aged About 20 Years, R/o Jajiwal
Kalan, Thana Banar, District Jodhpur.
(Presently Lodged At District Jail, Pali).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Ramniwas Bishnoi
Mr. M.P. Bishnoi
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
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.243/2018 of
Police Station Sadar Pali, District Pali for the offences punishable
(2 of 3) [CRLMB-13613/2020]
under Sections 8/15 and 29 NDPS Act. They have preferred these
third bail applications under Section 439 Cr.P.C.
Learned counsel for the petitioners have submitted that as
per the allegations levelled in the charge-sheet, the petitioners
were in the Etios vehicle, which was found to be escorting a Bolero
Jeep, from which, narcotic contraband was recovered. It is
submitted that from the statements of Investigating Officer-Ganga
Ram (PW-5), it is clear that the police have not found any
connection between the persons sitting in the Etios vehicle with
the persons transporting the narcotic contraband in the Bolero
vehicle. It is further submitted that taking into consideration this
aspect of the matter, a Coordinate Bench of this Court has granted
bail to co-accused persons viz. Ramniwas and Hirasingh @
Rajveersingh, whose case is similar to that of present petitioners.
Learned Public Prosecutor as well as learned counsel for the
complainant have 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 third bail applications filed under Section
439 Cr.P.C. are allowed and it is directed that petitioners - Shaitan
Ram S/o Shri Prahlad Ram and Ramkaran S/o Birbalram shall be
released on bail in connection with FIR No.243/2018 of Police
Station Sadar Pali, District Pali 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
(3 of 3) [CRLMB-13613/2020]
of hearing and whenever called upon to do so till the completion of
the trial.
(VIJAY BISHNOI),J
Abhishek Kumar
S.Nos.8-9
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