Shankardayal Gurjar S/O Sh. ... vs The State Of Rajasthan
2022 Latest Caselaw 1556 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 4163/2021

Shankardayal Gurjar S/o Sh. Ramsingh, Aged About 22 Years,
R/o Namaula, Tan Tahla, Police Thana Tahla District Alwar (Raj.)
(At Present Confined In Sub Jail Rajgarh District Alwar)
                                                                 ----Petitioner
                                  Versus
The State Of Rajasthan, Through P.p.
                                                               ----Respondent

Connected With S.B. Criminal Miscellaneous Bail Application No. 4763/2021 Mukesh Meena S/o Sh. Gangasahay Meena, Aged About 35 Years, R/o Gram Tahla, Police Station Tahla, Tehsil Rajgarh District Alwar. (Raj) (At Present Confined In Central Jail Alwar)

----Petitioner Versus State Of Rajasthan, Through P.p.

----Respondent S.B. Criminal Miscellaneous Bail Application No. 6079/2021 Paylet S/o Shri Kailash Chand Meena, Aged About 20 Years, R/o Vill. Layada Ka Guwada Tan Talab Ps Tahla Dist. Alwar Raj. (At Present Confined In Central Jail Alwar)

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

----Respondent S.B. Criminal Miscellaneous Bail Application No. 12647/2021 Babu Lal Meena S/o Ramkishan Meena, Aged About 24 Years, R/o Kasba Tahala Ps Tahala Dist. Alwar Raj. (At Present Confined In Central Jail Alwar)

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

----Respondent

(2 of 3) [CRLMB-4163/2021]

For Petitioner(s) : Mr. N. K. Meena, Adv.

Mr. Vipul Kumar Jaiman, Adv.

Mr. Anil Jain, Adv.

For Respondent(s) : Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

15/02/2022

1. These bail applications have been filed under Section 439

Cr.P.C. The petitioners have been arrested in connection with FIR

No.59/2021 Registered at Police Station Tahla, District Alwar for

the offence(s) under Sections 8/21 and 8/22 of N.D.P.S. Act.

2. Learned counsel for the petitioners submit that the

petitioners have been falsely implicated in this case. They are

behind the bars since long. Charge-sheet has been filed against

the petitioners. Learned counsel for the petitioners relying upon

the judgment of Hon'ble Delhi High Court dated 31.07.2020 in

case of Iqbal Singh Vs. State, Bail Application No.645/2020

and submit that excluding the neutral substance, recovered

contraband articles contained in medicines, comes to below the

commercial quantity. Petitioners have no criminal antecedents and

conclusion of trial may take long time. So, the petitioners be

enlarged on bail.

3. Learned Public Prosecutor has opposed the bail applications.

4. Considering the contentions put-forth by the counsel for the

petitioners and taking into account the facts and circumstances of

the case and without expressing any opinion on the merits of the

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case, this court deems it just and proper to enlarge the petitioners

on bail.

5. Accordingly, the bail applications under Section 439 Cr.P.C.

are allowed and it is ordered that the accused-petitioners

Shankardayal Gurjar S/o Sh. Ramsingh, Mukesh Meena S/o

Sh. Gangasahay Meena, Paylet S/o Shri Kailash Chand

Meena and Babu Lal Meena S/o Ramkishan Meena shall be

enlarged on bail provided each of them furnishes a personal bond

in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Judge for their appearance

before the court concerned on all the dates of hearing as and

when called upon to do so.

6. A copy of this order be placed in each connected file.

(NARENDRA SINGH DHADDHA),J

Jatin /16-19

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