Pawan Kumar vs State
2022 Latest Caselaw 5525 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3947/2022

1. Pawan Kumar S/o Ram Kumar, Aged About 28 Years, r/o Ghotda Patta, Tehsil Bhadra, Dist. Churu (Raj.). (At Present Lodged In Sub Jail, Rajgarh, Dist. Churu, Raj.).

2. Manish Kumar S/o Shri Krishna Kumar, Aged About 28 Years, R/o Shiv Colony, Kamri Road, Hisar (Haryana) (At Present Lodged In Sub Jail, Rajgarh, Dist. Churu, Raj.).

----Petitioners Versus State of Rajasthan through Pp

----Respondent

For Petitioner(s) : Mr. Devendra Mahalana. For Respondent(s) : Mr. Javed Gauri, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

13/04/2022

The petitioners have been arrested in connection with F.I.R.

No.101/2020, Police Station Sahwa, District Churu, for the

offences punishable under Sections 8/15, 8/29 read with Section

25 N.D.P.S. The petitioners have preferred this bail application

under Section 439 Cr.P.C.

Counsel for the petitioners submits that similarly situated co-

accused Sanjay Kumar & Rajesh Kumar have already been

enlarged on bail by the Coordinate Benches of this Court and the

case of present petitioners is not distinguishable from those of the

co-accused. Challan of the case has already been presented and

(2 of 2) [CRLMB-3947/2022]

no investigation is pending. The accused-petitioners are in judicial

custody and the trial of the case will take sufficient long time to be

concluded. Therefore, the benefit of bail should be granted to the

accused-petitioners.

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

petitioners under Section 439 Cr.P.C.

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

allowed and it is directed that petitioners (1) Pawan Kumar S/o

Ram Kumar & (2) Manish Kumar S/o Shri Krishna Kumar, shall be

released on bail in connection with F.I.R. No.101/2020, Police

Station Sahwa, District Churu each of them executes a personal

bond in a sum of Rs.1,00,000/- with two sound and solvent

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

court for their appearance before that court on each and every

date of hearing and whenever called upon to do so till the

completion of the trial.

(MANOJ KUMAR GARG),J 77-prashant/-

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