Bhure Khan vs State Of Rajasthan
2023 Latest Caselaw 2564 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2nd Bail Application No. 15146/2022

Bhure Khan S/o Akhtar Kha, Aged About 35 Years, R/o Pastour, P.s. Shahbad, Dist. Rampur (U.p.). (Presently Lodged At Central Jail, Bikaner).

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


For Petitioner(s)         :    Mr. M.L. Bishnoi
For Respondent(s)         :    Mr. N.S. Bhati, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                    Order

29/03/2023

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, 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

(2 of 2) [CRLMB-15146/2022]

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.

(MANOJ KUMAR GARG),J 63-Rashi/-

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