Rajasthan High Court - Jodhpur
Baldev Singh vs State on 2 August, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 1630/2022
1. Baldev Singh S/o Sohan Singh, Aged About 39 Years, R/o
Village Pakka, Police Station Aarniwala Dist. Fazilka
Punjab. (Presently Lodged At Central Jail, Bikaner)
2. Jagvindra Singh @ Jagga S/o Sukhwant Singh @ Sukha,
Aged About 31 Years, R/o Raniwala Malot Police Station
Kabarwala, Dist. Muktsar Sahib Punjab. (Presently Lodged
At Central Jail, Bikaner)
----Petitioners
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Budha Ram Godara
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
02/08/2022
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.185/2019 of Police Station Chhatargarh, District
Bikaner for the offence(s) punishable under Section(s)
8/15, 29 of the NDPS Act and Section 307, 332, 353,
(2 of 3) [CRLMB-1630/2022]
427, 34 IPC and Section 3 PDPP Act. He/she/they
has/have preferred this/these second bail application(s)
under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted
that as per the prosecution story, co-accused Subhash
and petitioner Jagvindra Singh have transported poppy
straw weighing 150 kgs in a Scorpio vehicle. It is alleged
by the prosecution that the petitioner Baldev Singh in
another car was escorting the vehicle, in which, poppy
straw was being transported by co-accused Subhash and
petitioner Jagvindra Singh. Leaned counsel has further
submitted that a Co-ordinate Bench of this Court has
already granted bail to co-accused Subhash while taking
into consideration the fact that the samples from each
bag have not been taken out by the police while seizing
the poppy straw above commercial quantity. Learned
counsel has submitted that since co-accused Subhash has
already been enlarged on bail, the petitioners may also
be granted bail.
Learned Public Prosecutor has opposed the bail
application, however, he is not in a position to dispute the
fact that co-accused Subhash has been enlarged on bail.
Having regard to the totality of the facts and
circumstances of the case, without expressing any
(3 of 3) [CRLMB-1630/2022]
opinion on the merits of the case, I deem it just and
proper to grant bail to the petitioner(s) under Section
439 Cr.P.C.
Accordingly, this/these second bail application(s)
filed under Section 439 Cr.P.C. is/are allowed and it is
directed that petitioner(s) - Baldev Singh S/o Sohan
Singh and Jagvindra Singh @ Jagga S/o Sukhwant Singh
@ Sukha shall be released on bail in connection with FIR
No.185/2019 of Police Station Chhatargarh, District
Bikaner provided he/she/they execute(s) a personal bond
in the 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/her/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.
(VIJAY BISHNOI),J
227-msrathore/-
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