Rajasthan High Court - Jodhpur
Bhagwan Lal @ Bhagchand @ Bhaguda vs State Of Rajasthan on 17 November, 2021
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15560/2021
Bhagwan Lal @ Bhagchand @ Bhaguda S/o Shri Jeetmal Nardiya,
Aged About 65 Years, B/c Jat, R/o Soniyana Revliya, Tehsil Bhadesar,
District Chittorgarh, Rajasthan. (At Present Lodged In District Jail,
Sirohi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.S. Rathore
For Respondent(s) : Mr. Muktiyar Khan, P.P.
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment / Order
17/11/2021
The present interim bail application has been preferred on behalf
of the petitioner under Section 439 Cr.P.C., who is in custody in
connection with FIR No.486/2019 of Police Station Pindwara, District
Sirohi for the offence punishable under Sections 8/15 and 29 of NDPS
Act.
Learned counsel for the petitioner submitted that petitioner's
daughter namely Soniya is going to be married on 21.11.2021 and for
performing the rituals, his presence is necessary in the marriage. It is
submitted that no other adult person is available in the family to
perform the aforesaid rituals of marriage of her daughter. It is also
submitted that the facts averred by the petitioner has been verified by
learned Public Prosecutor and have not been found incorrect. The
factual report dated 16.11.2021 has also been placed on record by
learned Public Prosecutor. Further the petitioner has enclosed the
marriage card and two affidavits of his relatives in support of his bail
(2 of 2) [CRLMB-15560/2021]
application. Learned counsel for the petitioner has submitted that
previously the petitioner was released for seven days on interim bail
vide order dated 05.01.2021 and he has not flouted the benefit of
interim bail and this time he may granted benefit of interim bail for the
aforesaid reason.
Learned Public Prosecutor has opposed the bail application but
does not dispute the submissions made by counsel for the petitioner.
Having regard to the totality of the facts and circumstances of the
case, this Court deems it just and proper to grant interim bail to the
petitioner under Section 439 Cr.P.C. for a period of ten days from the
date of his actual release.
Accordingly, the interim bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Bhagwan Lal @
Bhagchand @ Bhaguda S/o Shri Jeetmal Nardiya presently
confined in District Jail Siroihi in connection with FIR No.486/2019 of
Police Station Pindwara, District Sirohi shall be released on interim bail
for a period of ten days from the date of his actual release, provided he
furnishes a personal bond of Rs.1,00,000/- along with two sureties of
Rs.50,000/- (out of which one of the surety will be of a close family
member) each to the satisfaction of the concerned Jail Superintendent
on usual conditions. He shall surrender back before the concerned Jail
Superintendent after completion of ten days from the date of his actual
release. The concerned Superintendent Jail shall give a date for his
surrender.
(SUDESH BANSAL),J
134-Taruna/-
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