Vimal Varman Son Of Shri Kamal ... vs State Of Rajasthan
2022 Latest Caselaw 4965 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                4018/2022

Vimal Varman Son Of Shri Kamal Varman, Aged About 53 Years,
Resident Of Village Madhupur, Police Station Pundibadi, District
Kooch Bihar ( West Bengal) ( At Present Tenant At House No 46,
Noorani Masjid Ke Pass, Police Station Jalupura, Jaipur (Raj.) ( At
Present Confined In Central Jail Jaipur)
                                                                        ----Petitioner
                                    Versus
State Of Rajasthan, Through P.p.
                                                                      ----Respondent

For Petitioner(s) : Mr. Anil Kumar Upman Mr. Kailash Chand Meena For Respondent(s) : Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

20/07/2022

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.0015/2020 was registered at Police Station

Galtagate, Jaipur (North) for offence under Sections 8/20 of the

NDPS Act.

3. It is contended by counsel for the petitioner that the

contraband was recovered from co-accused Siyaram Sharma who

has been given benefit of bail by Co-ordinate Bench of this Court.

The earlier bail application of the present petitioner was rejected

on 14.09.2020, on account of petitioner having criminal

antecedents. It is also contended that in the other case petitioner

(2 of 2) [CRLMB-4018/2022]

has been granted bail and in the present case there is no recovery

from the petitioner. Petitioner has remained in custody for a period

of two and a half year.

4. Learned Public Prosecutor has opposed the second bail

application.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

petitioner and taking note of the fact that recovery has been

effected from the co-accused who has been given benefit of bail

by Co-ordinate Bench of this Court and petitioner has remained in

custody for a period of two and a half year, this Court deems it

proper to allow the second bail application.

7. This second bail application is, accordingly, allowed and it is

directed that accused-petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

8. However, it is made clear that if the petitioner repeats the

offence, State would be free to move application for cancellation

of bail before the concerned Court.

(PANKAJ BHANDARI),J

ARTI SHARMA /46

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