Rajasthan High Court - Jodhpur
Ashok vs State Of Rajasthan on 15 February, 2022
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Misc. Bail Application No. 2118/2022.
Ashok S/o Raju @ Rajmal, aged 25 years, Resident of Subi,
Thana Choti Sadari, District Pratapgarh.
(Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Mangi Lal Bishnoi.
For Respondent(s) : Mr. Anda Ram Choudhary, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
15/02/2022
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with F.I.R. No. 69/2019, Police Station Kheroda,
District Udaipur, registered for the offence punishable under
Section 8/15 & 29 of the Narcotic Drugs and Psychotropic
Substances (NDPS) Act.
Heard learned counsel for the accused-petitioner as well as
learned Public Prosecutor. Perused the material available on
record.
Learned counsel for the petitioner stated that the contraband
in question (i.e. Poppy-husk weighing 353 kgs. 600 grams) was
recovered from the main accused person Shyam Lal; that the
(2 of 3) [CRLMB-2118/2022]
accused Shyam Lal named another accused Umesh Beniwal, who
has been granted benefit of bail by the co-ordinate Bench of this
Court on 25.03.2021; that the accused Umesh Beniwal named
accused Ankit @ Deepak, who has been granted benefit of bail by
the co-ordinate Bench of this Court on 19.05.2021; that there is
no evidence against the accused-petitioner except the statement
of the co-accused persons; that after trial, the main accused
Shyam Lal S/o Narayan and Umesh Beniwal S/o Jaswant Ram
have been acquitted by the learned Trial Court vide its
judgment/order dated 30.09.2021 [Case No. 284/2019 (CIS No.
284/2019]; that the allegations levelled against the present
accused-petitioner are identical to that of Ankit @ Deepak; that
only the allegation of escorting the vehicle has been alleged
against the accused-petitioner; that the accused-petitioner is in
custody since 10.01.2022; and that the trial will take time,
therefore, benefit of bail may be granted to the accused-
petitioner.
Per contra, learned Public Prosecutor has vehemently and
fervently opposed the bail application of the accused-petitioner
but does not controvert the arguments advanced by the learned
counsel for the accused-petitioner.
Having regard to the facts and circumstances of the case,
particularly looking to the facts that the benefit of bail has already
been granted to the co-accused persons, namely, Umesh Beniwal
S/o Jaswanta Ram by the co-ordinate Bench of this Court vide
order dated 25.03.2021 (Bail Application No. 2565/2021) and to
the accused Ankit @ Deepak S/o Premchand also by the co-
ordinate Bench of this Court vide order dated 19.05.2021 (Bail
Application No. 5879/2021); that after trial, the main accused
(3 of 3) [CRLMB-2118/2022]
Shyam Lal and Umesh Beniwal have been acquitted by the learned
Trial Court vide judgment/order dated 30.09.2021; and that trial
will take sufficiently long time, therefore, without expressing any
opinion on the merits/demerits of the case, this Court is of the
opinion that the bail application filed by the petitioner deserves to
be accepted.
Consequently, the bail application is allowed. It is ordered
that the petitioner, Ashok S/o Raju @ Rajmal, arrested in
connection with F.I.R. No. 69/2019, Police Station Kheroda,
District Udaipur, shall be released on bail, if not wanted in any
other case, provided he furnishes a personal bond in the sum of
Rs. 1,00,000/- with two sound and solvent surety bonds in the
sum of Rs. 50,000/- each to the satisfaction of the learned Trial
Court with the stipulation to appear before that Court on all dates
of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J
85-Mohan/-
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