Rajasthan High Court
Dharmaram S/O Gokul vs State Of Rajasthan on 11 January, 2023
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 18210/2022
Dharmaram S/o Gokul, Aged About 50 Years, R/o Katyasani,
Police Station Medta City, District Nagaur Rajasthan (Presently
Confined In Sub Jail Bhawani Mandi)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Majhar Hussain
Mr. Jeetkesh Choudhary
For Respondent(s) : Mr. Riyasat Ali, P.P.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
11/01/2023
The present bail application has been filed under Section 439
Cr.P.C. The petitioner has been arrested in connection with FIR
No.474/2020 registered at Police Station Bhawanimandi District
Jhalawar for the offence(s) under Section(s) 8 & 15 of the NDPS
Act and later on for the offences under Sections 8/15, 25 & 29 of
the NDPS Act.
It is contended by learned counsel for the petitioner that he
has falsely been implicated in this case merely on the basis of
information furnished by co-accused Mukesh Patidar who has
already been extended benefit of bail by this Court. He submitted
that the co-accused persons from whose possession the
contraband was recovered namely Khiya Ram & Udai Ram, have
been extended benefit of bail by this Court vide its order dated
04.07.2022 on account that contents of all the 39 plastic bags
(2 of 3) [CRLMB-18210/2022]
allegedly containing contraband, were emptied onto a tarpaulin,
mixed together and the samples for testing were drawn from this
admixture without taking samples individually from each of the 39
plastic bags for testing and in view of the judgment of a
Coordinate Bench of this Court in case of Netram versus State
of Rajasthan: [2014 (1) Cr.L.R. (Raj.) 163], he submitted
that the petitioner is in custody since 29.11.2022, charge-sheet
has been filed, trial of the case will take time, he has no criminal
antecedents and prayed for his release on bail.
Although, learned Public Prosecutor opposed the prayer; but,
could not dispute that only incriminating material against the
petitioner is the statement of the co-accused and all other
similarly situated co-accused persons have already been extended
benefit of bail by this Court.
Taking into consideration the submissions advanced by
learned counsel for the petitioner, the nature of allegation against
him, his length of custody, the material contained in the case
diary, judgment of this Court in case of Netram (supra) and
release of all other co-accused persons on bail by this Court; but,
without expressing any opinion on the merits of the case, this
Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed
that accused-petitioner Dharmaram S/o Gokul shall be released
on bail under Section 439 Cr.P.C. in connection with afore-
mentioned FIR registered at concerned Police Station, provided he
furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees
One Lac only) together with two sureties in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction
(3 of 3) [CRLMB-18210/2022]
of the trial court with the stipulation that he shall comply with all
the conditions laid down under Section 437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J
Manish/s-63
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