Rajasthan High Court - Jodhpur
Suresh Kumar vs State Of Rajasthan ... on 19 May, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/016499] (1 of 3) [CRLMB-13191/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 13191/2022
Suresh Kumar S/o Sh. Ramesh Kumar, Aged About 24 Years,
W.no. 22, Mandi Pilibanga Teh. Pilibanga Dist. Hanumangarh. (At
Present Lodged In Dist. Jail, Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikash for Mr. Rakesh Matoria
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
19/05/2023
The petitioner has been arrested in connection with FIR No.
288/2020 of Police Station Pilibanga, District Hanumangarh for the
offences punishable under Sections 8/22 & 29 of NDPS. He has
preferred this second bail application under Section 439 Cr.P.C.
The earlier bail application was dismissed by this Court on
20.04.2021 and almost 2 years elapsed since then which is the
changed circumstances in this matter, moreover liberty was given
to the petitioner to come after the statement of the concerned
seizure officer and the statement of the concerned seizure officer
has been recorded. The seizure officer in his prosecution has
admitted that the present petitioner-Suresh Kumar was doing
some electrical work in the police station but at the same time has
said that he came to know about the present petitioner-Suresh
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[2023/RJJD/016499] (2 of 3) [CRLMB-13191/2022]
Kumar only upon the name having been disclosed by Pradeep
Kumar
Learned counsel for the petitioner submits that the
statement of the seizure officer clearly reflects that the
involvement of the present petitioner was only on account of the
accused identifying the present petitioner. Learned counsel further
submits that the petitioner was not arrested with the contraband
in question. He also submits that the petitioner is in custody since
04.09.2020.
Learned counsel for the petitioner has referred to the
judgment rendered by the Hon'ble Supreme Court in Mohd.
Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave
Petition (Crl.) No(s).915/2023.
Learned Public Prosecutor has opposed the bail application.
This Court on conjoint consideration of the custody period;
the statement of the seizure officer; the fact that the petitioner
was not arrested with the contraband in question; the fact that
the seizure officer has stated that he had identified the name of
the petitioner only upon the statement of the main accused
Pradeep Kumar as well as the other factual matrix involved and
having regard to the totality of the facts and circumstances of the
case as also the fact that conclusion of the proceedings is likely to
take some time and without expressing any opinion on the merits
of the case, this Court deems it just and proper to grant bail to the
accused petitioner under Section 439 Cr.P.C.
Accordingly, this second bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioner Suresh
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[2023/RJJD/016499] (3 of 3) [CRLMB-13191/2022]
Kumar S/o Sh. Ramesh Kumar shall be released on bail in
connection with FIR No. 288/2020 of Police Station Pilibanga,
District Hanumangarh provided he executes a personal bond in a
sum of Rs.50,000/- with two sound and solvent sureties of
Rs.25,000/- 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.
(DR. PUSHPENDRA SINGH BHATI), J.
220-Sudheer/-
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