Bheemram vs State
2021 Latest Caselaw 6727 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2842/2021

Bheemram S/o Ghishu Kumawat, Aged About 38 Years, resident of Dang Ka Khera, Chawandiya Village, Karda Police Station, District Bhilwara. (Lodged In Sub Jail, Nimbahera).

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

----Respondent

For Petitioner(s) : Mr. S.S. Shaktawat For Respondent(s) : Mr. Shrawan Bishnoi, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

05/03/2021 Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.258/2018 of

Police Station Nimbahera Kotwali, District Chittorgarh for the

offences punishable under Sections 8/20, 8/25 and 8/29 NDPS

Act. He has preferred this bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that co-

accused Ratan Lal, from whom the narcotic contraband ganja

weighing above commercial quantity was recovered, has already

been enlarged on bail by this Court while taking into consideration

the fact that the Seizure Officer had not taken out the samples

from each bag containing the narcotic contraband ganja. It is also

submitted that the allegation against the petitioner to the effect

(2 of 2) [CRLMB-2842/2021]

that the alleged recovered ganja which was being transported by

the co-accused Ratan Lal, was to be supplied to the petitioner is

absolutely false.

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 accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Bheemram S/o

Ghishu Kumawat, shall be released on bail in connection with FIR

No.258/2018 of Police Station Nimbahera Kotwali, District

Chittorgarh provided he executes a personal bond in a 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 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

41-akash/-

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