Roshan Lal vs State
2021 Latest Caselaw 17332 Raj

sHIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9510/2021

Roshan Lal S/o Sh. Tulsi Ram, Aged About 32 Years, B/c Jat, R/o Lakho Ka Kheda, P.s. Kapasan Dist. Chittorgarh. (Presently Lodged In District Jail, Pali)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ram Niwas Bishnoi For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

20/11/2021 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.170/2007 of

Police Station Sadar pali, District Pali for the offences punishable

under Sections 8/15, 8/16, 8/18, 25, 29 of NDPS Act and 471,

474 IPC. He has preferred this bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that earlier

the petitioner was granted bail on 26.09.2008, however in the

year 2014 he absented himself from the trial court and the trial

court vide order dated 24.04.2015 declared him absconder. It is

also submitted that the petitioner was arrested on 20.08.2016 and

since then he is in judicial custody. It is further submitted that the

petitioner was released on interim bail on account of death of his

(2 of 2) [CRLMB-9510/2021]

father and after availing the interim bail he surrendered himself

before jail authorities within time. Learned counsel for the

petitioner has submitted that the petitioner absented himself

before the trial court due to illness of his father.

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 Roshan Lal S/o

Sh. Tulsi Ram shall be released on bail in connection with FIR

No.170/2007 of Police Station Sadar pali, District Pali provided he

executes a sum of Rs.2,00,000/- with two sound and solvent

sureties of (out of which one is near relatives)

Rs.1,00,000/- 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

33-Arun/-

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