Citation : 2023 Latest Caselaw 2567 Raj
Judgement Date : 29 March, 2023
[2023/RJJD/007933]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2301/2022
Ashok S/o Sh. Manaram Vishnoi, Aged About 32 Years, B/c Vishnoi, R/o Joliyali, P.s. Jhanwar, Dist. Jodhpur. (Presently Lodged At Central Jail, Jodhpur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. ML Bishnoi
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment / Order
29/03/2023
The instant bail application has been filed under Section 439
Cr.P.C. on behalf of accused-petitioner Ashok. The petitioner has
been arrested in connection with FIR No. 319/2019 registered at
Police Station Balesar, District Jodhpur for the offence(s) under
Sections 8/15, 29 of NDPS Act.
Learned counsel for the petitioner submits that the accused-
petitioner has falsely been implicated in the case based upon the
statements of the co-accused namely Shrawan Ram. No recovery
was made from the petitioner and apart from disclosure
statements, there is no other evidence indicating the involvement
of the petitioner in the commission of the offence. The accused
petitioner is in judicial custody since long and the trial of the case
will take sufficiently long time. Therefore, the benefit of grant of
bail may be granted to the accused-petitioner.
[2023/RJJD/007933] (2 of 2) [CRLMB-2301/2022]
Per contra, learned Public Prosecutor opposes the grant of
bail application.
Considering the arguments advanced by the counsel for the
parties and looking to the overall facts and circumstances of the
case, I deem it just and proper to enlarge the accused-petitioner
on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioner Ashok S/o
Sh. Manaram Vishnoi in connection with FIR No. 319/2019
registered at Police Station Balesar, District Jodhpur 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 13-mohit/-
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