Rajkumar @ Rajendra Kumar @ Raju vs State Of Rajasthan ...
2023 Latest Caselaw 8937 Raj

[2023:RJ-JD:37097]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 4004/2023

Rajkumar @ Rajendra Kumar @ Raju S/o Shri Mohan Lal, Aged About 33 Years, R/o Chak 43 Stg, Purani Bareka, P.s. City Suratgarh, District Sri Ganganagar. (Presently Lodged In District Jail, Hanumangarh)

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

----Respondent

For Petitioner(s) : Mr. Shyam Sunder Ladrecha Mr. Devendra Singh Pidiyar For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

01/11/2023 The petitioner has been arrested in connection with FIR No.

231/2020 of Police Station Pilibanga, District Hanumangarh for the

offences punishable under Section 8/22 & 8/29 of NDPS Act. He

has preferred this second bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner submits that the petitioner

has already completed a custody of three years. He further

submits that the petitioner was not caught on the spot and the

contraband in question was recovered from one Vakil Singh and

there is no direct recovery from the present petitioner. He further

submits that the trial is at nascent stage and conclusion of the

same would take a long time.

[2023:RJ-JD:37097] (2 of 2) [CRLMB-4004/2023]

Learned counsel for the petitioner has referred to the

judgment of Mohd. Muslim @ Hussain Vs. State (NCT of

Delhi) in Special Leave Petition (Crl.) No(s).915/2023.

Learned Public Prosecutor opposes the bail application but is

unable to refute the aforesaid factual matrix.

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 Rajkumar

@ Rajendra Kumar @ Raju S/o Shri Mohan Lal shall be

released on bail in connection with FIR No.231/2020 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 329-Sudheer/-

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