Citation : 2022 Latest Caselaw 2017 Raj
Judgement Date : 5 February, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1729/2022
Bhura Ram S/o Choga Ram, Aged About 58 Years, R/o Khokhsar South, Teh. Gida, Dist. Barmer (Raj.). (Lodged At Dist. Jail, Barmer).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Manoj Kumar Pareek through VC. For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
05/02/2022
Lawyers are not appearing in the Court in view of the
unprecedented situation being faced by the country due to
pandemic of novel corona virus (COVID-19).
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner who is in custody in connection
with F.I.R. No.25/2022, Police Station Gida District Barmer for the
offence under Section 8/15 of NDPS Act.
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material available on
record.
Counsel for the petitioner submits that the contraband
recovered from the petitioner is below the commercial quantity.
There was one more case of NDPS Act against the petitioner in
(2 of 2) [CRLMB-1729/2022]
which the petitioner has been acquitted by the trial court vide
judgment dated 11.05.2012. Besides that, there is no case of like
nature against the petitioner. Therefore, it is prayed that the
petitioner may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
Having regard to the peculiar facts and circumstances of the
case as also the present situation of the country due to pandemic
of corona virus (COVID-19), in particular the jails, this Court
deems it just and proper to release the petitioner on bail.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that the petitioner Bhura Ram
S/o Choga Ram shall be released on bail in connection with F.I.R.
No.25/2022, Police Station Gida District Barmer provided he
executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One
Lac Only) with two sound and solvent sureties of Rs.50,000/-
(Rupees: Fifty Thousand Only) each to the satisfaction of the
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.
(VINIT KUMAR MATHUR),J 60-AnilSingh/-
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