Surender Kumar @ Chanderpal vs State Of Rajasthan (2023:Rj-Jd:42580)
2023 Latest Caselaw 10508 Raj

Rajasthan High Court - Jodhpur

Surender Kumar @ Chanderpal vs State Of Rajasthan (2023:Rj-Jd:42580) on 7 December, 2023

Author: Praveer Bhatnagar

Bench: Praveer Bhatnagar

[2023:RJ-JD:42580]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 15504/2023

Surender Kumar @ Chanderpal S/o Om Prakash, Aged About 24
Years, R/o Near Baba Ramdeve Temple Chak 6Kkw Sampatnagar
P.s. Sadar, Hanumangarh (Presently Lodged In Dist. Jail,
Hanumangarh)
                                                                      ----Petitioner
                                        Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)              :     Mr. Ranjeet Singh Gill
For Respondent(s)              :     Mr. Saleem Khan Mehar, PP



          HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment / Order

07/12/2023

1. Learned counsel for the petitioner produces the amended

certified copy of the bail order dated 28.11.2023 passed by the

trial court, wherein name of Police Station has been corrected as

Hanumangarh Town instead of Sadar Hanumangarh. The same is

taken on record.

2. The instant bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Surender Kumar @

Chanderpal. The petitioner has been arrested in connection with

FIR No. 835/2023 registered at Police Station Hanumangarh Town,

District Hanumangarh for the offence(s) under Sections 8/18 & 29

of the NDPS Act.

3. Learned counsel for the petitioner submits that the accused-

petitioner has been falsely implicated in the case. He also submits

the recovery of narcotic contraband weighing 2 kg of opium has

[2023:RJ-JD:42580] (2 of 2) [CRLMB-15504/2023]

been effected from co-accused Suresh Bairva. The accused-

petitioner has been involved on the disclosure statement rendered

by the other co-accused Suresh Bairva and there is no other

evidence indicating the involvement of the accused-petitioner in

the case. The trial of the case may take sufficiently long time,

therefore, the benefit of grant of bail may be granted to the

accused-petitioner.

4. Per contra, learned Public Prosecutor opposes the grant of

bail application.

5. Considering the arguments advanced by the counsel for the

parties and looking to the fact that the recovery of contraband

article was effected from the possession of main accused Suresh

Bairva and the trial of the case may take considerable time, I

deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Surender

Kumar @ Chanderpal S/o Om Prakash in connection with FIR No.

835/2023 registered at Police Station Hanumangarh Town, District

Hanumangarh shall be enlarged on bail provided he furnishes 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

his appearance before the court concerned on all the dates of

hearing as and when called upon to do so.

(PRAVEER BHATNAGAR),J 116-mohit/-

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