Gulabchand vs State
2021 Latest Caselaw 7940 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3247/2021

Gulabchand S/o Shri Dhanraj, Aged About 24 Years, Bhatkheda Ps Chhoti Sadari, District Pratapgarh. (At Present Lodged In District Jail Pratapgarh).

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

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

22/03/2021

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.122/2019 of

Police Station Chhoti Sadari, District Pratapgarh for the offences

punishable under Sections 8/15, 25, 29 of NDPS Act. He has

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that co-

accused Kanhaiyalal has already been enlarged on bail by this

Court while taking into consideration the statements of

Investigating Officer namely Deepak Kumar (PW-5) wherein, he

has admitted that he found him guilty of possessing 40 kgs of

poppy straw, which is below commercial quantity and the case of

the petitioner is not distinguishable from that of co-accused

(2 of 2) [CRLMB-3247/2021]

Kanhaiyalal because the Investigating Officer, in his courts

statements, has admitted that he has also found the petitioner

guilty of possessing 40 kgs of poppy straw, which is below

commercial quantity.

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 Gulabchand S/o

Shri Dhanraj shall be released on bail in connection with FIR

No.122/2019 of Police Station Chhoti Sadari, District Pratapgarh

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

Surabhii/8-

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