Kishan vs State Of Rajasthan
2021 Latest Caselaw 17338 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5742/2021

Kishan S/o Prithaviraj, Aged About 26 Years, Baru Police Station Rasami District Chittorgarh. (Presently Lodged In Churu Jail).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Shreekant Verma 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.104/2019 of

Police Station Sardarshahar District Churu for the offences

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

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

Learned counsel for the petitioner has submitted that a Co-

ordinate Bench of this Court has granted bail to the co-accused

Raju S/o Bhariulal while taking into consideration the fact that

samples were not taken by the Seizure Officer as per the

established procedure. It is also submitted that since the co-

accused Raju has already been enlarged on bail and case of the

petitioner is not distinguishable from him, therefore, he is entitled

to be enlarged on bail.

(2 of 2) [CRLMB-5742/2021]

Learned Public Prosecutor has opposed the bail application,

however, he is not in position to dispute the fact that co-accused

person Raju whose case is identical to the petitioner has already

been enlarged on bail.

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 Kishan S/o

Prithaviraj shall be released on bail in connection with FIR

No.104/2019 of Police Station Sardarshahar District Churu

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/16-

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