Citation : 2021 Latest Caselaw 10142 Raj
Judgement Date : 6 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6576/2021
Vishnu Meena S/o Devi Lal Meena, Aged About 28 Years, By Caste Meena, R/o Dodiya Ka Khera, Kherot, Pratapgarh, District Pratapgarh. (Lodged In Sub Jail, Abu Road).
----Petitioner Versus State Of Rajasthan, Through P.p.
----Respondent For Petitioner(s) : Mr J.V.S. Deora For Respondent(s) : Mr Anil Joshi, Public Prosecutor
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
06/07/2021
This bail application has been filed under Section 439 Cr.P.C.
in connection with FIR No.246/2020 registered at Police Station,
Pindwara, District Sirohi for offence under Sections 8/15, 8/29 of
the NDPS Act.
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the entire material available on
record.
Learned counsel for the petitioner submits that the petitioner
was not found to be in possession of any contraband article. He
has been made an accused alleging that he was escorting the
concerned vehicle wherein the contraband was recovered by the
Narcotics team and he has been found to have call links with other
co-accused. The charge-sheet has already been filed and it can
not be said that the petitioner abetted or conspired in the offence
committed by co-accused.
(2 of 2) [CRLMB-6576/2021]
Learned Public Prosecutor has opposed the bail application
and submits that there are call details between other co-accused
who were found to be in possession of the contraband article and
the present petitioner.
Considered the submissions, prima facie, the evidence that
only links the petitioner is having called up the other accused. No
other criminal case is pending against the petitioner. Satisfied that
the petitioner deserves to relief of bail.
Accordingly, this bail application is allowed and it is ordered
that the accused petitioner - Vishnu Meena s/o Devi Lal
Meena be released on bail under Section 439 Cr.P.C. in connection
with aforesaid FIR No.246/2020 registered at Police Station,
Pindwara, District Sirohi provided the petitioner furnishes a
personal bond of Rs.50,000/- with one surety in the like amount,
to the satisfaction of the concerned Magistrate with the stipulation
that he shall comply with all the conditions laid down under
Section 437 (3) CrPC.
(SANJEEV PRAKASH SHARMA),J
16-MMA/-
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