Rajasthan High Court - Jodhpur
Vinod Gupta vs State Of Rajasthan ... on 20 April, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/011162] (1 of 3) [CRLMB-14283/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 4th Bail Application No. 14283/2022
Vinod Gupta S/o Harishankar @ Pappu, Aged About 31 Years, B/
c Gupta, R/o Rajpur Kala Ps Aliganj, District Barielly Uttar
Pradesh. (Presently Lodged In Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.Ray Bishnoi.
For Respondent(s) : Mr. A.R. Choudhary, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/04/2023
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR
No.19/2020 of Police Station Seruna, District Bikaner for the
offences punishable under Sections 8/15, 25 & 29 of the NDPS
Act. He has preferred this fourth bail application under Section
439 Cr.P.C.
Learned counsel for the petitioner submits that co-accused
Bhure Khan has been granted bail by this Court in S.B. Criminal
Misc. 2nd Bail Application No.15146/2022 vide order dated
29.03.2023, as he was caught with the contraband.
The bail order dated 29.03.2023 reads as follows:-
"The present second bail application has been filed
under Section 439 Cr.P.C. on behalf of the petitioner, who is
in judicial custody in connection with F.I.R. No.19/2020,
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[2023/RJJD/011162] (2 of 3) [CRLMB-14283/2022]
Police Station Seruna, District Bikaner registered for the
offence punishable under Sections 8/15 and 25 of the NDPS
Act.
The first bail application was dismissed as not pressed
by this Court on 20.05.2022.
Learned counsel for the petitioner submits that
Investigating Officer has been examined as PW.1 before the
trial Court and Seizure Officer has expired. Counsel has
placed reliance upon the judgments rendered in the cases of
Netram Vs. State of Rajasthan reported in 2014(2) WLN 394
(Raj.) and Nagu Singh Vs. State of Rajasthan reported in
2016(3) WLN 310 (Raj.) and upon the order of this Court in
SB Cr. Misc. Bail Application No.1603/2018, Ram Lal Vs.
State decided on 27.02.2018. The petitioner is in judicial
custody and the trial of the case will take sufficiently long
time. With these submissions, learned counsel for the
petitioner prayed that the benefit of bail may be granted to
the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of
bail.
I have considered the arguments advanced before me
and gone through the material available on record.
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 proper to grant
bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under
Section 439 Cr.P.C. is allowed and it is directed that
petitioner - Bhure Khan S/o Akhtar Kha, shall be released on
bail in connection with F.I.R. No.19/2020, Police Station
Seruna, District Bikaner provided he executes a personal
bond in a sum of Rs.2,00,000/- with two sureties of
Rs.1,00,000/- each to the satisfaction of learned trial court
for his appearance before that court on each and every date
of hearing and whenever called upon to do so till the
completion of the trial."
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[2023/RJJD/011162] (3 of 3) [CRLMB-14283/2022]
Learned counsel for the petitioner submits that the petitioner
was not caught at the site, but in subsequent investigation, his
role was identified.
Learned Public Prosecutor though opposes the bail
application, but is unable to refute the aforesaid factual matrix.
Having regard to the totality of the facts and circumstances
of the case as also the fact that conclusion of the proceedings is
likely to take some time and without expressing any opinion on
the merits of the case, this Court deems it just and proper to
grant fourth bail to the accused petitioner under Section 439
Cr.P.C.
Accordingly, this fourth bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioner - Vinod
Gupta S/o Harishankar @ Pappu shall be released on bail in
connection with FIR No.19/2020 of Police Station Seruna, District
Bikaner provided he executes a personal bond in a sum of
Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-
each to the satisfaction of learned trial court for his appearance
before that court on each and every date of hearing and whenever
called upon to do so till the completion of the trial.
(DR.PUSHPENDRA SINGH BHATI), J.
159-Jitender
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