Jagdeep Singh Rathore vs State
2022 Latest Caselaw 428 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15749/2021

Jagdeep Singh Rathore S/o Sh. Jagpal Singh Rathore, Aged About 27 Years, Resident of Hadmala, Barsati Nale Ke Pas, Keerkheda Kachhi Basti, Chittorgarh, Police Thana Kotwali, Chittorgarh. (Presently Lodged In Dist. Jail, Bhilwara).

----Petitioner Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. M.L. Bishnoi through VC For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

07/01/2022 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

of Cr.P.C. on behalf of the petitioner who is in custody in

connection with F.I.R. No.243/2018, Police Station Bigod, District

Bhilwara for the offence under Sections 8/15 of the N.D.P.S. Act.

Heard learned counsel for the parties. Perused the material

available on record.

Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in the present case. He is remotely

connected with the recovery of contraband in this case and

therefore, he may be enlarged on bail.

(2 of 2) [CRLMB-15749/2021]

Per contra, learned Public Prosecutor submits that huge

quantity of contraband i.e. 283 kg and 700 gm of Poppy Husk was

recovered from the possession of the petitioner. He therefore,

submits that 10 witnesses have already been examined and from

the testimony of all witnesses, it is established that the petitioner

was in possession of the contraband in this case.

Having regard to the totality of the facts and circumstances

of the case and considering the seriousness of the case and the

recovery of huge quantity of contraband from the possession of

the petitioner, looking to the nature of accusation and gravity of

the offence without expressing any opinion on the merits of the

case, I am not inclined to grant bail under Section 439 Cr.P.C. to

the petitioner at this stage.

Accordingly, the present bail application preferred by the

petitioner under Section 439 Cr.P.C. is dismissed.

(VINIT KUMAR MATHUR),J

38-Shahenshah/-

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