Rajasthan High Court - Jodhpur
Prakash vs State Of Rajasthan on 6 January, 2022
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11115/2021
Prakash S/o Chena Ram, Aged About 28 Years, B/c Bishnoi, R/o
Mandla Kalla Police Station Phalodi Dist. Jodhpur. (At Present
Lodged In Sub Jail, Ratangarh).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Kailash Chandra Bishnoi through
VC
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
06/01/2022
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. 141/2019, Police Station Rajaldesar, District Churu,
for the offence under Sections 8/15, 25 and 29 of the 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 co-accused
Bachna Ram from whom the contraband was recovered has
already been enlarged on bail by a Coordinate Bench of this Court
vide order dated 10.03.2021. Learned counsel further submits
(2 of 3) [CRLMB-11115/2021]
that the case of the present petitioner stands on a better footing
to the co-accused Bachna Ram and the case of the present
petitioner is not distinguishable from the case of the co-accused
who has already been released on bail by a Coordinate Bench of
this Court. The conclusion of trial will take sufficiently long time,
therefore, it is prayed that the petitioner may be enlarged on bail.
The charge sheet in the case has been filed.
Learned Public Prosecutor has opposed the bail application
but he is unable to distinguish the case of the present petitioner
vis-a-vis the case of the co-accused person who has been
enlarged on bail.
Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced and considering
the fact that the case of the present petitioner is identical to co-
accused aforesaid who has been enlarged on bail by a Coordinate
Bench of this Court as also the present situation of the country
due to pandemic of corona virus (COVID-19), in particular the
jails, this Court is of the opinion that the petitioner is also entitled
for the grant of bail under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that the petitioner Prakash
S/o Chena Ram shall be released on bail in connection with F.I.R.
No.141/2019, Police Station Rajaldesar, District Churu 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
(3 of 3) [CRLMB-11115/2021]
and every date of hearing and whenever called upon to do so till
the completion of the trial.
(VINIT KUMAR MATHUR),J
9-Shahenshah/-
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