Rajasthan High Court - Jodhpur
Rampratap vs State Of Rajasthan on 13 January, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 17147/2021
Rampratap S/o Bhanwar Lal, Aged About 35 Years, R/o
Bhawandesar, Tehsil Ratangarh, District Churu, Raj. (Presently
Lodged At Sub Jail, Gulabpura)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Devi Lal Rawla (through VC)
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
13/01/2022
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.80/2018 of Police Station Rayala, Distt. Bhilwara for
the offence(s) punishable under Section(s) 8/15, 8/25 of
(2 of 4) [CRLMB-17147/2021]
the NDPS Act. He/she/they has/have preferred this/these
third bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
as per the prosecution story, huge quantity of poppy
straw was recovered at the instance of one Mohd. Azam
while transporting the same in a Bolero Pick-up No.RJ-07-
GB-2666. Learned counsel has further submitted that the
petitioner is being charge-sheeted for the offence under
Section 8/25 of the NDPS Act while concluding that the
abovereferred vehicle is owned by the petitioner. It is
submitted that the registered owner of the vehicle in
question was Hari Ram and on 28.4.2018, he has lodged
a report to the effect that two persons namely Vinod and
Vidhyadhar had snatched the said vehicle from him. It is
further argued that the police, during the course of
investigation, has concluded that the said vehicle was
sold by the original registered owner to a person namely
Illiyas Gouri and, thereafter, Illiyas Gouri sold the
aforesaid vehicle to one Mahendra and from Mahendra,
the petitioner has purchased the said vehicle through
agreement to sale. Learned counsel has submitted that
the IO namely Satish Meena (PW-16), in his statement,
has admitted that only a photo copy of the said
agreement to sale was collected by him and but the
(3 of 4) [CRLMB-17147/2021]
original agreement to sale was not collected by him. It is
also admitted by the IO that he has not recorded
statement of the notary and stamp vendor regarding the
said stamp. Learned counsel has submitted that when the
original registered owner, on 28.4.2018, has already filed
a report to the effect that the vehicle in question was
snatched from him by two persons, there is no occasion
for him to sell the said vehicle to various persons. It is,
thus, submitted that from the above piece of evidence, it
is clear that the petitioner has falsely been implicated in
this case.
Learned Public Prosecutor has opposed the bail
application(s).
Having regard to the totality of the facts and
circumstances of the case, without expressing any
opinion on the merits of the case, I deem it just and
proper to grant bail to the petitioner(s) under Section
439 Cr.P.C.
Accordingly, this/these third bail application(s) filed
under Section 439 Cr.P.C. is/are allowed and it is directed
that petitioner(s) - Rampratap S/o Bhanwar Lal shall be
released on bail in connection with FIR No.80/2018 of
Police Station Rayala, Distt. Bhilwara provided
he/she/they execute(s) a personal bond in the sum of
(4 of 4) [CRLMB-17147/2021]
Rs.50,000/- with two sound and solvent sureties of
Rs.25,000/- each to the satisfaction of learned trial court
for his/her/their appearance before that court on each
and every date of hearing and whenever called upon to
do so till the completion of the trial.
(VIJAY BISHNOI),J
117 - ms rathore
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