Ramnivas Vishnoi vs State Of Rajasthan ...
2023 Latest Caselaw 2568 Raj

[2023/RJJD/007929]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 395/2022

Ramnivas Vishnoi S/o Shri Banshi Lal Vishnoi, Aged About 35 Years, B/c Vishnoi, R/o Chakdhani Rajodh, Degana, Police Station Kuchera, Dist. Nagaur (Raj.) (Presently Lodged At Dist Jail, Bhilwara)

----Petitioner Versus State Of Rajasthan, 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 Ramnivas Vishnoi. The

petitioner has been arrested in connection with FIR No. 85/2021

registered at Police Station Banera, District Bhilwara for the

offence(s) under Sections 8/29 of NDPS Act.

Learned counsel for the petitioner submits that the accused-

petitioner has falsely been implicated in the case. No recovery was

made from his vehicle and he has nothing to do with the vehicle

from which the alleged narcotic contraband poppy straw was

recovered. 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/007929] (2 of 2) [CRLMB-395/2022]

Per contra, learned Public Prosecutor opposes the grant of

bail application and submits that in the light of Section 37 of the

NDPS Act, this bail application is deserves to be rejected.

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 Ramnivas

Vishnoi S/o Shri Banshi Lal Vishnoi in connection with FIR No.

85/2021 registered at Police Station Banera, District Bhilwara 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 9-mohit/-

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