Rajasthan High Court - Jodhpur
Dau @ Dayal Ram Banjara vs State Of Rajasthan on 23 October, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Bail Application No. 13652/2021
Dau @ Dayal Ram Banjara S/o Chhatra Banjara, Aged About 33
Years, R/o Jeeva Nayako Ka Kheda, Gangrar, Police Station
Gangrar, District Chittorgarh.
(At Present Lodged At Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. R.K. Karwasra
For Respondent(s) : Ms. Anita Gehlot, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
23/10/2021
The present second bail application has been filed under
Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial
custody in connection with F.I.R. No.429/2020, Police Station Pipar
City, District Jodhpur, registered for the offence punishable under
Sections 8/21 and 29 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that at the time of
rejection of first bail application liberty was granted to the
(2 of 3) [CRLMB-13652/2021]
petitioner to file a fresh bail application after filing of the charge-
sheet; thereafter, charge-sheet has been filed; no recovery is
made from the petitioner; petitioner is behind the bars since
16.07.2021; and trial will take time. With these submissions,
learned counsel for the petitioner prayed that the benefit of bail
may be granted to the petitioner.
Per contra learned Public Prosecutor has fervently and
vehemently opposed the bail application of the accused-petitioner
and stated that earlier seven other cases were registered against
the accused-petitioner out of which, six cases were registered for
the offence punishable under Sections 8/21 and 29 of the NDPS
Act. He further stated that as per prosecution, accused-petitioner
is a supplier of the contraband and he referred to and relied upon
a judgment dated 23.04.2021 passed by Hon'ble the Supreme
Court in the case of Sudha Singh Vs. The State of Uttar Pradesh
and Ors. (Criminal Appeal No. 448 of 2021) reported in AIR 2021
SC 2149, in which it has been held that, "Nonetheless, it was
equally imperative for the High Court to exercise its discretion
judiciously, cautiously and strictly in compliance with the ratio set
by a catena of decisions of this Court."
Having regard to the totality of the facts and circumstances
of the case, particularly looking to the pendency of the cases
against the accused-petitioner and in one of the pending cases
investigation is pending under Section 173(8) of the IPC,
therefore, without expressing any opinion on the merits of the
(3 of 3) [CRLMB-13652/2021]
case, I am not inclined to grant bail under Section 439 Cr.P.C. to
the petitioner before filing of the charge-sheet.
Accordingly, the second bail application preferred by the
petitioner, Dau @ Dayal Ram Banjara S/o Chhatra Banjara, under
Section 439 Cr.P.C. is dismissed.
(DEVENDRA KACHHAWAHA),J
40-Rashi/-
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