Sunil vs State
2022 Latest Caselaw 8250 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1751/2022

Sunil S/o Shri Khiyaram, Aged About 30 Years, R/o Manjuo Ki Dhani, Rankabera, Police Station - Bhojsar, District Jodhpur. (Central Jail In Jodhpur)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Vinod Kumar Sharma Mr. Ashok Bishnoi For Respondent(s) : Mr. M.A. Siddiqui, GA-cum-AAG with A.R. Malkani

HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE)

Judgment / Order

17/06/2022

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. 100/2021 registered at Police Station Bapp, District

Jodhpur for the offences under Sections 8/15, 29 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that after

completion of the investigation supplementary charge-sheet has

also been filed against three accused including present petitioner

under Section 8/15 & 29 of the NDPS Act, however, there is no

evidence on record to show that the petitioner was involved in this

offence. He has been implicated only on the basis of statement of

co-accuse Ramesh Kumar that the petitioner was escorting his

(2 of 2) [CRLMB-1751/2022]

Trailor in which narcotic substance was found. As per FIR such

escorting has been referred. There is no criminal antecedents

against the present petitioner. The petitioner is behind the bar

since 09.12.2021 and the trial of the case will take time. It is

prayed that the petitioner may be enlarged on bail.

On the other hand, though, learned Public Prosecutor as well

as learned counsel for the Complainant have oppose\ grant of bail

application but they were not in a position to refute the

submissions made by learned counsel for the petitioner.

Having regard to the rival contentions of the parties and

upon consideration of the facts and circumstances of the case,

without commenting on merits of the case, this Court is of the

opinion that the bail application under Section 439 Cr.P.C. filed by

the petitioner deserves to be accepted.

Consequently, the present bail application under Section 439

of Cr.P.C. is allowed. It is ordered that the accused-petitioner -

Sunil S/o Shri Khiyaram arrested in connection with F.I.R. No.

100/2021 registered at Police Station Bapp, District Jodhpur shall

be released on bail provided she furnishes a personal bond of

Rs.50,000/- with two surety bonds of Rs.25,000/- 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.

(RAMESHWAR VYAS), VJ 1-mohit/-

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