Rajasthan High Court - Jodhpur
Balkishan Balu Dhakad vs State Of Rajasthan ... on 5 April, 2023
Bench: Praveer Bhatnagar
[2023/RJJD/008660]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8031/2022
Balkishan Balu Dhakad S/o Pyarchand Dhakad, Aged About 43
Years, R/o Semliya, Police Station Begu, District Chittorgarh. (At
Present Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 7204/2022
Gopal Lal S/o Shri Jagannath Das Beragi, Aged About 26 Years,
R/o Semliya Ps Begu Dist. Chittorgarh (Presently Lodged In Dist.
Jail Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 8033/2022
Ramkishan Gurjar S/o Magna Gurjar, Aged About 34 Years, R/o
Jato Ka Nohra, Police Station Kotdi, District Bhilwara. (At Present
Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Neeraj Kumar Gurjar
Mr. Rakesh Arora
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment / Order
05/04/2023
[2023/RJJD/008660] (2 of 3) [CRLMB-8031/2022]
The instant bail applications have been filed under Section
439 Cr.P.C. on behalf of accused-petitioners Balkishan Balu
Dhakad, Gopal Lal and Ramkishan Gurjar. The petitioners have
been arrested in connection with FIR No. 158/2021 registered at
Police Station Bigoad, District Bhilwara for the offence(s) under
Sections 8/15 of NDPS Act.
Learned counsel for the petitioners submits that the accused-
petitioners have falsely been implicated in the case based upon
the statements of the co-accused persons namely Yogesh and
Bharat, from whom, 68 Kgs 300 gms poppy husk/straw were
recovered. No recovery was made from the petitioners and apart
from disclosure statements, there is no other evidence indicating
the involvement of the petitioners in the commission of the
offence. The accused petitioners are in judicial custody since long
and the trial of the case will take sufficiently long time. Therefore,
the benefit of grant of bail may be granted to the accused-
petitioners.
Per contra, learned Public Prosecutor opposes the grant of
bail applications and submits that rider of Section 37 of the NDPS
Act is applicable, therefore, the bail applications of the accused
petitioners may be rejected.
Considering the arguments advanced by the counsel for the
parties and looking to the overall facts and circumstances of the
case, this court deems it just and proper to enlarge the accused-
petitioners on bail.
Accordingly, the bail applications under Section 439 Cr.P.C.
are allowed and it is ordered that the accused-petitioners
Balkishan Balu Dhakad S/o Pyarchand Dhakad, Gopal Lal S/o Shri
[2023/RJJD/008660] (3 of 3) [CRLMB-8031/2022]
Jagannath Das Beragi and Ramkishan Gurjar S/o Magna Gurjar in
connection with FIR No. 158/2021 registered at Police Station
Bigoad, District Bhilwara shall be enlarged on bail provided each of
them furnish a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for their appearance before the court concerned on all the
dates of hearing as and when they are called upon to do so.
(PRAVEER BHATNAGAR),J
18-20 mohit/-
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