Vikram vs State
2022 Latest Caselaw 14136 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous 4th Bail Application No. 1483/2022

Vikram S/o Bhanwar Lal Patidar, Aged About 27 Years, B/c Patidar, R/o Sakhthali, Police Station Sitamau, District Mandsore (M.p.) (At Present Lodged In Central Jail, Chittorgarh)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Kailash Khilery For Respondent(s) : Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

01/12/2022

Heard.

Learned counsel for the petitioner has submitted that

the petitioner is in custody since four and half years and,

therefore, he may be enlarged on bail. It is further submitted

that co-accused Rahul has been enlarged on bail by the

Hon'ble Supreme Court taking into consideration the fact that

he is facing incarceration for the last more than four years.

Per contra, learned Public Prosecutor has opposed the

bail application and argued that the petitioner was found

transporting narcotic contraband poppy straw weighing 100

(2 of 2) [CRLMB-1483/2022]

kgs in a vehicle. It is submitted that case of the petitioner is

distinguishable from the case of co-accused Rahul as the

vehicle, in which, poppy straw above commercial quantity

was being transported is owned by the petitioner himself and,

therefore, he cannot claim parity with co-accused Rahul.

Learned Public Prosecutor has submitted that taking into

consideration the recovery of huge quantity of narcotic

contraband poppy straw from the conscious possession of the

petitioner, he is not entitled to be enlarged on bail.

Having heard learned counsel for the petitioner; taking

into consideration the material available on record and

keeping in view the fact that huge quantity of narcotic

contraband poppy straw above commercial quantity is

recovered from the conscious possession of the petitioner in

his own vehicle, I am not inclined to enlarge him on bail.

Hence, this fourth bail application is dismissed.

(VIJAY BISHNOI),J

230-msrathore/-

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