Siyaram Meena Son Of Shrinarayan vs State Of Rajasthan
2022 Latest Caselaw 1465 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous IIIrd Bail Application No.
                               16801/2021

Siyaram Meena Son Of Shrinarayan, Aged About 50 Years,
Resident Of Village Seva, Vajirpur District Swaimadhopur (Raj.)
(Presently Confined In District Jail Karauli)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. Anil Kumar Upman For Respondent(s) : Mr. S.S. Ola, PP

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

11/02/2022

1. The present third bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No.36/2021 Registered at Police Station Sadar Karauli,

Distt. Karauli for the offences under Sections 8/21 of the NDPS

Act.

2. Counsel for the petitioner submits that the petitioner has

been falsely implicated in this matter and the petitioner is in

custody for last about one year. Counsel further submits that

allegation against the petitioner is that contraband article 7gm

smack has been recovered from the possession of the petitioner,

which is just above the small quantity.

3. Counsel for the petitioner has placed reliance upon a

judgment passed by the Hon'ble Supreme Court in the matter of

(2 of 2) [CRLMB-16801/2021]

"Mosin @ Gandhi Vs. State of Rajasthan" SPL Criminal Case

No.4459/2020, it was a case where the accused had two criminal

antecedents under the NDPS Act.

4. Learned Public Prosecutor has opposed the bail application

and submitted that two other criminal cases under the NDPS Act

are pending against the petitioner.

5. Considering the material on record and taking into account

the facts and circumstances of the present case and also

considering the period of custody and also the fact that the trial is

not proceeding due to COVID-19 and also considering the

judgment passed by the Hon'ble Supreme Court in the matter of

Mosin @ Gandhi (supra) and without expressing any opinion on

the merits of the case, this petition is allowed. Petitioners be

admitted to regular bail subject to satisfaction of the trial Court.

Office is directed to send a copy of this order to the concerned

trial Court through e-mail/fax, for necessary compliance.

(INDERJEET SINGH),J

Upendra Pratap Singh /10

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