Rajasthan High Court - Jodhpur
Dau @ Dayal @ Daudiya vs State Of Rajasthan on 5 January, 2022
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Misc. Bail Application No. 16285/2021.
Dau @ Dayal @ Daudiya S/o Chatra, aged 33 years, resident of
Jeeva Nayako Ka Kheda, Tehsil Gangrar District Chittorgarh.
(At Present Lodged In Sub Jail, Jaitaran)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Birbal Ram Bishnoi through VC.
For Respondent(s) : Mr. Vikram Sharma, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
05/01/2022
In wake of onslaught of COVID-19, as per guidelines,
lawyers have been advised to refrain from coming to the Courts,
therefore, hearing of the matter is being taken up only through
video conferencing.
Heard learned counsel for the petitioner appearing through
video conferencing and the learned Public Prosecutor, present-in-
person. Perused the material available on record.
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. 304/2020, Police Station Raipur, District
Pali, registered for the offences punishable under Section 8/21
(2 of 3) [CRLMB-16285/2021]
read with Section 29 of the Narcotic Drugs and Psychotropic
Substances (NDPS) Act.
Learned counsel for the petitioner stated that as per
prosecution, 07.50 grams of Smack including polythene bag have
been recovered from the accused-petitioner which is below
commercial quantity; that the benefit of bail has been granted to
the co-accused persons, namely, Anshuman Singh and Nen Singh;
that no investigation or recovery is pending against the accused-
petitioner; that the accused-petitioner is in custody for more than
one month; and that the trial will take time, therefore, benefit of
bail may be granted to the accused- petitioner.
Per contra, learned Public Prosecutor has opposed the bail
application of the accused-petitioner and stated that earlier, four
other cases have been registered against the accused-petitioner
and three cases were registered for the offences punishable under
Section 8/21 of the NDPS Act.
In reply, while submitting photocopies of the judgments of
the Trial Court concerned, learned counsel for the accused-
petitioner stated that out of three cases, in two cases, the
accused-petitioner has been acquitted after trial. This fact has not
been controverted by the learned Public Prosecutor.
Having regard to the facts and circumstances of the case,
particularly looking to the facts that the recovered quantity of the
contraband in question is below commercial quantity; that the
accused-petitioner is behind the bars since more than one month;
that the benefit of bail has already been granted to the accused
persons, namely, Anshuman Singh S/o Vikram Singh (Bail
Application No. 13624/2020) and Nen Singh S/o Virda Singh (Bail
Application No. 13625/2020) by the co-ordinate Bench of this
(3 of 3) [CRLMB-16285/2021]
Court vide order dated 24.11.2020; and that further investigation
and the 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, Dau @ Dayal @ Daudiya S/o Chatra,
arrested in connection with F.I.R. No. 304/2020, Police Station
Raipur, District Pali, shall be released on bail, if not wanted in any
other case, provided he furnishes a personal bond of Rs.
1,00,000/- (Rupees One Lac only) with two sound and solvent
surety bonds of Rs.50,000/- (Rupees Fifty Thousand only) 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
56-Mohan/-
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