Prakash vs State
2022 Latest Caselaw 2337 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1913/2022

Prakash S/o Sh. Birbal Ram Bishnoi, Aged About 22 Years, R/o Jagubano Ki Dhani, Jaloda, Ps Lohawat, District Jodhpur (Raj.) (At Present Lodged In Central Jail, Jodhpur)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Arjun Singh.

For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

09/02/2022

The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with F.I.R.

(C.R.) No.252/2019, Police Station Phalodi, District Jodhpur, for

the offences under Sections 8/15, 25, 29 of NDPS Act and Section

3/25 of Arms Act.

Learned counsel for the petitioner submits that similarly

situated co-accused Rakesh Manju, Shyam Lal, Hari Singh @

Harish & Prem Kumar have already been granted bail by this Court

and the case of the present petitioner is not distinguishable from

those of the co-accused. Counsel further submits that no other

criminal case has been registered against the petitioner. The

petitioner is in judicial custody and the trial of the case will take

sufficient long time. Therefore, the benefit of bail should be

granted to the accused-petitioner.

(2 of 2) [CRLMB-1913/2022]

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and

gone through the material available on record.

Taking into account the facts and circumstances of the case,

without commenting on the merits of the case, this Court deems it

just and proper to release the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Prakash S/o

Sh. Birbal Ram Bishnoi shall be enlarged on bail in F.I.R. (C.R.)

No.252/2019, Police Station Phalodi, District Jodhpur provided he

furnishes a personal bond in the sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the learned trial

Judge for his appearance before the court concerned on all the

dates of hearing as and when called upon to do so.

(MANOJ KUMAR GARG),J 82-prashant/-

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