Annaram @ Anil vs State Of Rajasthan
2021 Latest Caselaw 9765 Raj

(1 of 2) [CRLMB-6606/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6606/2021

Annaram @ Anil S/o Shri Nenaram Ji, Aged About 26 Years, By Caste Jat, R/o Nandiya Jajda, Thana Khedapa, District Jodhpur (Raj.). (At Present Lodged In Central Jail Jodhpur).

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s) : Mr. ML Bishnoi, through Cisco Webex For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. Rajeev Bhadu (IO), SHO, Police Station Khedapa, Jodhpur Rural present in person

JUSTICE DINESH MEHTA (VACATION JUDGE) Judgment

09/06/2021

1. This application for bail has been filed by the petitioner

under Section 439 of the Cr.P.C. in connection with FIR

No.240/2019 Police Station Khedapa, District Jodhpur for the

offences under Section 8/15 read with Section 29 of the NDPS Act.

2. Mr. ML Bishnoi, learned counsel for the petitioner submits

that the petitioner has been roped in only on the basis of the

statement of the co-accused and, there is no incriminating

evidence against the petitioner.

3. Highlighting that the co-accused Ashok Kumar, who had

purportedly deposed that he would supply the contraband

substance to the petitioner himself has been enlarged on bail by

coordinate Bench of this Court vide order dated 24.3.2021 passed

in SB Cr. Msic. IInd Bail Application No.3381/2021 (Ashok Kumar

(2 of 2) [CRLMB-6606/2021]

Vs. State of Raj.), he submits that petitioner's case stand on much

better footing.

4. Mr. Mahipal Bishnoi, learned PP, however, opposes the bail.

5. Having regard to the facts and circumstances of the case and

considering that the co-accused Ashok Kumar, who was to supply

the contraband substance to the petitioner has been enlarged on

bail and the petitioner has been framed only as a prospective

buyer, even if there is call details showing communication between

the petitioner and the co-accused Ashok Kumar (purported

supplier), this Court feels that the petitioner is entitled for bail.

6. Consequently, the bail application filed under Section 439

Cr.P.C. is allowed. The petitioner Annaram @ Anil S/o Nena Ram,

arrested in FIR No.240/2019 Police Station Khedapa, District

Jodhpur shall be released on bail on his furnishing personal bond

in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each

to the satisfaction of the trial Court.

7. Petitioner shall be required to appear before that Court on all

dates of hearing and as and when called upon to do so.

8. Needless to observe that the above observations made by

this Court are on the basis of material so far produced before the

Court. They are only prima-facie observation and the same shall

however, not come in the way of the trial Court to take

independent view of the matter, based on ocular and oral

evidence, while finally deciding the case.

(DINESH MEHTA), VJ.

7-CPGoyal/-

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