Mangilal @ M.K vs State Of Rajasthan ...
2023 Latest Caselaw 1779 Raj

[2023/RJJD/005397]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Criminal Miscellaneous Bail Application No. 811/2023

Mangilal @ M.k. S/o Shri Jagdish Ram, Aged About 22 Years, R/o Singhdo Ki Dhani, Pali Mukhya, Police Station Matora, District Jodhpur (Raj.) (Presently Lodged At Central Jail Jodhpur)

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

----Respondent Connected With (2)S.B. Criminal Miscellaneous Bail Application No. 16051/2022 Shaitanram S/o Arjunram, Aged About 26 Years, R/o Matauda, Ps Matauda, Dist. Jodhpur. (At Present In Judicial Custody In Central Jail Jodhpur).

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

----Respondent

For Petitioner(s) : Mr. Mahaveer Bishnoi Mr. Jayram Saran Mr. B. R. Godara For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order

15/02/2023

The petitioners have been arrested in connection with FIR

No.82/2021 of Police Station Matora, District Jodhpur for the

offences punishable under Sections 8/15 & 25 of NDPS Act. They

have preferred these bail applications under Section 439 Cr.P.C.

Heard learned counsel for the parties. Perused the material

available on record.

Learned counsel for the petitioners submitted that as per the

prosecution story, 53.200 kgs poppy straw was recovered from

[2023/RJJD/005397] (2 of 2) [CRLMB-811/2023]

three gunny bags. It is submitted that aforesaid contraband was

recovered in gunny bag. It is further submitted that if the weight

of gunny bag is excluded from the total weight, there is all

possibility that the total weight of the contraband is marginally

excessive to the commercial quantity. However, in identical

matters, the coordinate Bench of this Court has granted benefit of

bail. Learned counsel has produced copies of the order dated

23.04.2019, 04.08.2021, 10.04.2019, 06.05.2019 & 19.05.2021

to buttress his arguments.

Learned Public Prosecutor has vehemently opposed the bail

application.

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

petitioners under Section 439 Cr.P.C.

Accordingly, the bail applications filed under Sec.439 Cr.P.C.

are allowed and it is directed that petitioners (1) Mangilal @

M.K. S/o Shri Jagdish Ram & (2) Shaitanram S/o Shri

Arjunram shall be released on bail in connection with FIR

No.82/2021 of Police Station Matora, District Jodhpur provided

they execute personal bonds 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.

(MADAN GOPAL VYAS),J 114-nidhi/-

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