Arsh Deep @ Gora vs State
2021 Latest Caselaw 2517 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14796/2019

Arsh Deep @ Gora S/o Balvindra Singh, Aged About 18 Years, B/c Bazigar R/o Dhani 6 B G S Rohi Banvali Police Thana Lal Garh Jatan Tehsil Sadulsahar District Sri Ganganagar. (At Present In Central Jail, Sri Ganganagar).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

29/01/2021

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor and perused the material available on

record.

The petitioner has been arrested in FIR No.50/2019 of Police

Station Lal Garh Jatan for the offences punishable under Sections

8/21, 22 of NDPS Act. He has preferred this bail application under

Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. It is also

submitted that the alleged recovery of the narcotic contraband

above commercial quantity at the instance of the petitioner is

illegal. It is argued that the petitioner is in police custody since

2018, therefore, he may be enlarged on bail.

(2 of 2) [CRLMB-14796/2019]

Per contra, Learned Public Prosecutor has opposed the

bail application and submitted that the recovery of the narcotic

contraband above commercial quantity has been effected from the

petitioner and from the statements of Seizure Officer as well as

the Investigating Officer, it is clear that the petitioner was involved

in commission of crime, for which he has been charged.

Having regard to the totality of the facts and circumstances

of the case and after going through the material avaiable on

record and taking into consideration the fact that the narcotic

contraband above commercial quantity is said to have been

recovered at the instance of the petitioner, I am not inclined to

grant bail under Section 439 Cr.P.C. to the petitioner.

Accordingly, the bail application preferred by the petitioner

under Section 439 Cr.P.C. is rejected.

(VIJAY BISHNOI),J

2-akash/-

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