Mangilal vs State
2021 Latest Caselaw 286 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 318/2021

Mangilal S/o Ramlal Gayri, Aged About 32 Years, R/o Hanumatiya, P.s. Ringnod, Dist. Ratlam (M.p.). (Lodged In District Jail, Chittorgarh).

----Petitioner Versus State of Raj., Through P.P.

----Respondent

For Petitioner(s) : Mr. JVS Deora through VC For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment / Order

08/01/2021

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.67/2017, Police Station Mangalwad,

District Chittorgarh, registered for the offence under Section 8/15,

29 of N.D.P.S Act.

Heard and considered the arguments advanced by the

learned counsel for the petitioner appearing through video

conferencing and learned Public Prosecutor present in person.

Perused the material available on record.

Learned counsel for the petitioner stated that first bail

application was dismissed with liberty to file fresh bail application

after filing of charge-sheet. Learned counsel for the petitioner

further stated that charge-sheet has been filed; recovered

contraband (Poppy-husk) is below commercial quantity; that the

trial will take time. With these submissions, learned counsel for

(2 of 2) [CRLMB-318/2021]

the petitioner prayed that the benefit of bail may be granted to

the accused-petitioner.

Learned Public Prosecutor does not controvert the agruments

advanced by learned counsel for the petitioner.

Having regard to the facts and circumstances of the case,

particularly to the fact that recovered contraband is below

commercial quantity and charge-sheet has been filed, as

mentioned above and the trial will take sufficiently long time,

therefore, without expressing any opinion on the merits/demerits

of the case, this Court is of the opinion that the bail application

filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner Mangilal S/o Ramlal Gayri, arrested in

connection with F.I.R. No.67/2017, Police Station Mangalwad,

District Chittorgarh, shall be released on bail provided he furnishes

a personal bond of Rs.50,000/- and two surety bonds of

Rs.25,000/- each to the satisfaction of the learned trial Court with

the stipulation to appear before that Court on all dates of hearing

and as and when called upon to do so.

(DEVENDRA KACHHAWAHA),J

84-amit/-

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