Citation : 2021 Latest Caselaw 892 Raj
Judgement Date : 13 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14459/2020
Hirasingh @ Rajveersingh S/o Bhairu Singh, Aged About 27 Years, Changli, Thana Nai Aabadi, Mandsor, District Mandsor, Madhyapradesh. (At Present Lodged In District Jail Pali).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. M.L. Bishnoi
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
13/01/2021
Heard learned counsel for the parties and perused the
material available on record.
The petitioner(s) has/have been arrested in FIR
No.243/2018 of Police Satation Sadar, District Pali for the
offence(s) punishable under Section(s) 8/15 and 29 of the
NDPS Act. He/she/they has/have preferred this/these bail
application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as
per the allegations levelled in the charge-sheet, the petitioner
was 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 the I.O. namely
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
(2 of 2) [CRLMB-14459/2020]
in the Bolero vehicle. It is further submitted that taking into
consideration this aspect of the matter, a Co-ordinate Bench
of this Court has granted bail to co-accused Ramniwas, whose
case is similar to that of the present petitioner.
Learned Public Prosecutor has opposed the bail
application.
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 petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Hirasingh @ Rajveersingh S/o Bhairu Singh shall
be released on bail in connection with FIR No.243/2018 of
Police Satation Sadar, District Pali provided he/she/they
execute(s) a personal bond in the 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/her/their 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
50-msrathore/-
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