Rajasthan High Court - Jodhpur
Manohar Lal @ Babu Lal Dhakad vs State on 7 February, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 190/2022
Manohar Lal @ Babu Lal Dhakad S/o Mangi Lal Dhakad, Aged About
26 Years, Nai Suras, Bigod Police Station, Dist. Bhilwara (Lodged In
Dist. Jail, Bhilwara)
----Petitioner
Versus
State, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 17270/2021
Shyamlal Balai S/o Sh. Sonath Balai, Aged About 31 Years, R/o
Daanthal, P.s. Sadar, Bhilwara, Dist. Bhilwara. (Presently Lodged In
Dist. Jail, Bhilwara).
----Petitioner
Versus
State, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 17381/2021
Banshi Lal Jat S/o Hema Jat, Aged About 40 Years, Rupahelikheda,
P.s. Sadar, Dist. Bhilwara. (At Present Lodged In Dist. Jail, Bhilwara).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Manish Kumar Bhargav for Mr. DS
Udawat (through VC)
Mr. DK Godara (through VC)
Mr. Kailash Khilery (through VC)
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
07/02/2022
Heard learned counsel for the petitioners as well as learned Public
Prosecutor and also perused the material on record.
(2 of 3) [CRLMB-190/2022]
The petitioners have been arrested in FIR No.57/2020 of Police
Station Badaliyas District Bhilwara for the offences punishable under
Sections 8/15, 8/25, 8/29 of NDPS Act and under Sections 201, 204
IPC. They have preferred these bail applications under Section 439
Cr.P.C.
Learned counsel for the petitioners has submitted that as per the
prosecution story, the police have recovered huge quantity of poppy
straw above commercial quantity from an abandoned car. The
investigating agency has started investigation and found that the said
car registered in the name of one Bhanwar Singh then the police have
summoned him who informed the police that he has already sold this
car to one Ishwar through agreement to sale. Then the police arrested
the co-accused Ishwar who while in police custody has informed the
police that he along with Shyamlal Balai and Ratan Lal were
transporting the narcotic contraband and after seeing a government
Bolero vehicle, they abandoned the car and ran away from the scene of
crime. The co-accused Ishwar while in police custody has also supplied
the information that the said narcotic contraband was procured by them
from the petitioner Manohar Lal @ Babulal Dhakad and the same was to
be delivered to the petitioner Banshilal Jat. Learned counsel for the
petitioners have argued that except the information supplied by the co-
accused Ishwar while in police custody, no other evidence is available
on record against the petitioners. It is also submitted that the co-
accused Ishwar, who was the owner of the vehicle and as per the police
investigation in which the narcotic contraband above commercial
quantity was recovered has already been enlarged on bail by a Co-
ordinate Bench of this Court vide order dated 10.12.2021. Learned
counsel for the petitioners have, therefore, prayed that the petitioners
are entitled to be enlarged on bail.
(3 of 3) [CRLMB-190/2022]
Per contra learned Public Prosecutor has opposed these bail
applications, however, he is not in a position to indicate the evidence to
prima facie conclude that the petitioners were in contact with the co-
accused Ishwar in any manner.
Having regard to the totality of the facts and circumstances of the
case, particularly taking into consideration that the co-accused Ishwar
has already been enlarged on bail, without expressing any opinion on
the merits of the case, I deem it just and proper to grant bail to the
accused petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section 439 Cr.P.C.
are allowed and it is directed that petitioners Manohar Lal @ Babu Lal
Dhakad S/o Mangi Lal Dhakad, Shyamlal Balai S/o Sh. Sonath Balai and
Banshi Lal Jat S/o Hema Jat shall be released on bail in connection with
FIR No.57/2020 of Police Station Badaliyas District Bhilwara provided
each of them 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/91-92-93-
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