Ashok Kumar @ Ashok Singh vs State Of Rajasthan
2022 Latest Caselaw 11243 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous II Bail Application No. 3479/2022

Ashok Kumar @ Ashok Singh S/o Bagji, Aged About 33 Years, R/o Village Basada Dhanji, Tehsil Jaswantpura, District Jalore (Raj.) (At Present Lodged In Sub Jail, Bhinmal)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Navneet Poonia For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

08/09/2022

Heard learned counsel for the parties and perused

the material available on record.

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

No.122/2020 of Police Station Karda, District Jalore for

the offence(s) punishable under Section(s) 8/22, 25 and

29 of the NDPS 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, 135 gms of narcotic

contraband MDMA was recovered from co-accused

(2 of 3) [CRLMB-3479/2022]

Harchand Ram and during the course of investigation, co-

accused Harchand Ram has revealed that he has

procured the recovered narcotic contranband MDMA from

one Ramesh Kumar. It is further submitted that the police

has concluded in the charge-sheet that co-accused

Harchand Ram was supposed to deliver the said narcotic

contraband MDMA to the petitioner. It is submitted that

there is no evidence available on record to suggest that

the petitioner asked co-accused Harchand Ram to deliver

the said narcotic contraband to him. Learned counsel for

the petitioner while inviting my attention towards the

statement of IO namely Manish Soni (PW-2) has

submitted that from a bare perusal of the above

statement, it is clear that the prosecution has failed to

prove any connection between the petitioner as well as

co-accused Harchand Ram and Ramesh Kumar. It is

submitted that co-accused Ramesh Kumar has already

been enlarged on bail by a Co-ordinate Bench of this

Court.

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

(3 of 3) [CRLMB-3479/2022]

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) - Ashok Kumar @ Ashok Singh

S/o Bagji shall be released on bail in connection with FIR

No.122/2020 of Police Station Karda, District Jalore

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

49-msrathore/-

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