Manish vs State
2022 Latest Caselaw 7518 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous II Bail Application No. 3605/2022

Manish S/o Khiyaram, Aged About 19 Years, R/o Budkiya, Police

Station Bhopalgarh, Dist. Jodhpur. (Presently Lodged At Distt.

Jail Merta, Distt. Nagaur)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Ramniwas Bishnoi

For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/05/2022

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR

No.149/2018 of Police Station Gotan for the offence(s)

punishable under Section(s) 8/15 of the NDPS Act and

Section 3/25 of the Arms Act. He/she/they has/have

preferred this/these second bail application(s) under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that as

per the prosecution story, 61 kgs poppy straw were seized

(2 of 3) [CRLMB-3605/2022]

from the possession of the petitioner and two other co-

accused persons namely Shobha Ram and Rakesh while they

were transporting the same in a car. Learned counsel has

further submitted that the police has not concluded in the

charge-sheet that the whole narcotic contraband poppy straw

weighing 61 kg belongs to the petitioner alone. It is also

submitted that the petitioner was arrested on 19.6.2018 and

he is facing trial from more than three and half years, but the

trial has not been concluded till date and completion of the

same is likely to take time. Learned counsel has also

submitted that not a single case of similar nature has ever

been filed or pending against the petitioner.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and

circumstances of the case; keeping in view the fact that

narcotic contraband poppy straw weighing 61 kg is recovered

by the police, but it has nowhere been mentioned that the

the same is owned by the petitioner only; taking into

consideration the custody period of the petitioner, 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 second bail application(s) filed

under Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Manish S/o Khiyaram shall be released on bail

(3 of 3) [CRLMB-3605/2022]

in connection with FIR No.149/2018 of Police Station Gotan

provided he/she/they execute(s) a personal bond in the sum

of 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

230-msrathore/-

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