Radheshyam vs State
2022 Latest Caselaw 4926 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4021/2022

Radheshyam S/o Shri Bhanwar Lal Dhakad, Aged About 27 Years, R/o Jhadoliya, P.s. Begu, District Chittorgarh (Raj.) (Accused Petitioner Presently Confined In District Jail, Chittorgarh).

----Petitioner Versus State of Rajasthan Through Pp

----Respondent

For Petitioner(s) : Mr. O.P. Choudhary. For Respondent(s) : Mr. Mukhtiyar Khan, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

01/04/2022

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with F.I.R.

No.33/2019, Police Station Javda, District Chittorgarh, for the

offence punishable under Section 8/29 of N.D.P.S. Act.

Learned counsel for the petitioner submits that nothing has

been recovered from the possession of the petitioner and the

petitioner was implicated with the aid of Section 29 of N.D.P.S.

Act. Counsel further submitted that similarly situated co-accused

Sanjay has already been enlarged on bail by the Coordinate Bench

of this Court and the case of present petitioner is not

distinguishable from that of the co-accused. No other case of

similar nature has been registered against the petitioner. The

petitioner is in judicial custody and trial of the case will take

(2 of 2) [CRLMB-4021/2022]

sufficient long time. Therefore, the benefit of bail should be

granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and

gone through the material available on record.

Taking into account the facts and circumstances of the case,

without commenting on the merits of the case, this Court deems it

just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Radheshyam

S/o Shri Bhanwar Lal Dhakad shall be enlarged on bail in F.I.R.

No.33/2019, Police Station Javda, District Chittorgarh provided he

furnishes a personal bond in the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the learned trial

Judge for his appearance before the court concerned on all the

dates of hearing as and when called upon to do so.

(MANOJ KUMAR GARG),J 66-prashant/-

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