Rajasthan High Court - Jodhpur
Kishore Singh vs State on 3 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2726/2021
Kishore Singh S/o Shri Nand Singh, Aged About 24 Years,
Changali, Nai Abadi Police Station, Mandsaur, District Mandsaur
(M.p.). (Lodged In District Jail Chittorgarh).
----Petitioner
Versus
State, Through P.p.
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 2142/2021
Jitendra Rao S/o Gangaram, Aged About 21 Years, Changali
Thana Nai Aabadi Mandsor, District Mandsor, Madhyapradesh. (At
Present Lodged In Central Jail Jodhpur).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Ramniwas Bishnoi for Mr. B. Ray
Bishnoi in CRLMB No.2726/2021,
Mr. Ramniwas Bishnoi in CRLMB
No.2142/2021
For Respondent(s) : Mr. A.R. Choudhary, PP
(2 of 3) [CRLMB-2726/2021]
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
03/03/2021
Heard learned counsel for the parties and perused
the material available on record.
Learned counsel for the petitioners has submitted
that the petitioners have falsely been implicated in this
case. It is argued that as per the prosecution story, a
secret information was received by the police officials
that Etios and Bolero vehicles are coming towards Desuri
from Pali and there is narcotic contraband in the Bolero
vehicle whereas, the Etios vehicle is escorting it. It is also
informed that in the Etios vehicle, four persons are there
whereas, in the Bolero vehicle, two persons are there.
Learned counsel has submitted that persons namely
Ramniwas, Shaitan Ram, Ramkaran and Hira Singh
were apprehended by the police from the Etios vehicle
whereas, the present petitioners were apprehended by
the police from the Bolero vehicle. It is submitted that
since the four persons, who were the passengers of the
Etios vehicle, have already been enlarged on bail, the
present petitioners may also be granted bail.
Per contra, learned Public Prosecutor has opposed
the bail applications and argued that narcotic contraband
poppy straw above commercial quantity have been
recovered from the Bolero vehicle, in which, the present
petitioners were present and, as such, it is clear that the
petitioners were in conscious possession of the recovered
narcotic contraband. Learned Public Prosecutor has,
(3 of 3) [CRLMB-2726/2021]
therefore, submitted that since case of the present
petitioners is not similar to that of co-accused persons,
who have been enlarged on bail, they may not be granted
bail.
Having regard to the overall facts and circumstances
of the case, I am not inclined to grant bail to the
petitioners.
Hence, these bail applications are dismissed.
(VIJAY BISHNOI),J
25-26 ms rathore
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