Rahul @ Kaku vs State Of Rajasthan
2022 Latest Caselaw 14393 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9480/2022

Rahul @ Kaku S/o Yaspal Ram, Aged About 22 Years, W.no. 04, Mandi Pilibanga, Teh. Pilibanga Dist. Hanumangarh. (At Present Lodged In Dist. Jail, Hanumangarh).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Devilal Motsara For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/12/2022

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.553/2018 of

Police Station Pilibanga District Hanumangarh for the offences

punishable under Sections 8/21, 22 NDPS Act. He has preferred

this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, huge quantity of capsules/tablets containing

narcotic substance above commercial quantity were recovered

from co-accused Hanif Khan while he was transporting the same in

a swift car. It is submitted that during the course of investigation,

co-accused Hanif Khan while in police custody has informed the

police that he has procured the said narcotic contraband from

(2 of 2) [CRLMB-9480/2022]

Nazam Khan and the petitioner. It is also submitted that except

the said confessional statement of the co-accused Hanif, no other

evidence is available on record against the petitioner. It is

submitted that taking into consideration the above fact, this Court

has already granted bail to co-accused Nazam Khan vide order

dated 04.07.2022. It is, therefore, submitted that the petitioner is

entitled to be enlarged on bail on the ground of parity.

Learned Public Prosecutor has opposed the bail application,

however, he is not in position to dispute the fact that similarly

situated co-accused Nazam Khan has already been enlarged on

bail.

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

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Rahul @ Kaku

S/o Yaspal Ram shall be released on bail in connection with FIR

No.553/2018 of Police Station Pilibanga District Hanumangarh

provided he executes a personal bond in a 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 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 SURABHII/192-

Powered by TCPDF (www.tcpdf.org)