Rajasthan High Court - Jodhpur
Dinesh Kumar vs State Of Rajasthan on 26 May, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Misc. Bail Application No. 6425/2022
1. Dinesh Kumar S/o Nimba Ram Bishnoi, Aged About 19
Years, R/o Udaniyo Ki Dhani Vill. Sanwariz Phalodi Ps Dist.
Jodhpur (Confined In Dist. Jail Chittorgarh)
2. Ram Aasre S/o Ramshabad Brahmin, Aged About 32
Years, R/o Govindpur Tehsil Tanda Raheem Patti
Ambedkar Nagar U.p. Presently R/o Nearby Siwadi Mandir
Suratgarh Ps Suratgarh Dist. Sri Ganganagar (Confined In
Dist. Jail Chittorgarh)
----Petitioners
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi.
For Respondent(s) : Mr. Mool Singh Bhati, PP.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
26/05/2022
The present bail application has been filed under Section 439
Cr.P.C. The petitioners have been arrested in connection with F.I.R.
No. 108/2021, Police Station Badi Sadri, District Chittorgarh, for
the offence punishable under Section 8/18 of the Narcotic Drugs
and Psychotropic Substances (NDPS) Act.
(2 of 3) [CRLMB-6425/2022]
Learned counsel for the petitioners submits that so far as
petitioner No.2 (Ram Aasre) is concerned, he does not want to
press this bail application at this stage.
Accordingly, the present bail application filed under Section
439 Cr.P.C. on behalf of the petitioner No. 2 (Ram Aasre S/o
Ramshabad Brahmin) is hereby dismissed as not pressed.
So far as, the petitioner No.1 - Dinesh Kumar S/o Nimba
Ram is concerned, learned counsel for the petitioners submits that
similarly situated co-accused, Mahipal S/o Babu Ram, has been
granted second bail by the co-ordinate Bench of this Court on
25.04.2022 and the case of the present petitioner (Dinesh Kumar)
is similar to that of the co-accused. The petitioner is in judicial
custody and the trial of the case will take sufficient long time.
Therefore, the benefit of bail should be granted to the accused-
petitioner No.1-Dinesh Kumar.
Learned Public Prosecutor has vehemently opposed the bail
application.
I have considered the arguments advanced before me and
gone through the material available on record.
Taking into account the facts and circumstances of the case,
without commenting on the merits of the case, this Court deems it
just and proper to release the petitioner No. 1-Dinesh Kumar on
bail.
(3 of 3) [CRLMB-6425/2022]
Accordingly, the bail application under Section 439 Cr.P.C. is
partly allowed and it is ordered that the accused-petitioner No.1,
Dinesh Kumar S/o Nimba Ram Bishnoi, shall be enlarged on
bail in F.I.R. No. 108/2021, Police Station Badi Sadri, District
Chittorgarh, provided he furnishes a personal bond in the sum of
Rs.2,00,000/- with two sound and solvent sureties of
Rs.1,00,000/- each to the satisfaction of the learned trial Judge
for his appearance before the court concerned on all the dates of
hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
87-Mohan/-
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