Bharat Lal @ Mandiya vs State Of Rajasthan
2021 Latest Caselaw 17763 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13167/2021

Bharat Lal @ Mandiya S/o Shri Om Prakash, Aged About 22 Years, B/c Nayak, R/o Ward No. 9, Dabli Kalan, Police Station Talwara Jheel, Tehsil Tibbi, District Hanumangarh (Raj.) (Presently Lodged In Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : None For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/11/2021

Heard and perused the material on record.

The petitioner has been arrested in FIR No.136/2018 of

Police Station Talwara Jheel District Hanumangarh for the offences

punishable under Sections 8, 21, 22 of NDPS Act 1985, under

Section 19/54 Rajasthan Excise Act. He has preferred this bail

application under Section 439 Cr.P.C.

It is noticed that though this Court has already dismissed the

earlier bail application of the petitioner while granting him liberty

to file fresh bail application before the trial court after recording

the statements of Investigating Officer but the statements of the

Investigating Officer have not been recorded and rather the

statements of one ASI Rambhaj (PW-1) have been recorded, who

was part of the team which raided the shop of co-accused

(2 of 2) [CRLMB-13167/2021]

Surendra from where the narcotic contraband was recovered. It is

also noticed that ASI (PW-1), in his evidence, has admitted that it

was Surendra, who named the petitioner and the petitioner was

not present on the day of incident. It also appears that the police

have implicated the petitioner only on the basis of the statements

of co-accused Surendra.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case; after going through the charge-sheet and taking into

consideration the fact that co-accused Surendra has already been

enlarged on bail, 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 Bharat Lal @

Mandiya S/o Shri Om Prakash shall be released on bail in

connection with FIR No.136/2018 of Police Station Talwara Jheel

District Hanumangarh 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/71-

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