K. Ravina Murti vs State Of Rajasthan ...
2023 Latest Caselaw 6819 Raj

[2023:RJ-JD:27965]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9881/2023

Satya Narain @ Vikram Ranawat S/o Shyam Lal Daroga, Aged About 29 Years, R/o Nearby Chattari Wala Bheruji Bhadu Mandal Ps Dist. Bhilwara (Lodged In Dist. Jail Bhilwara)

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

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9434/2023 K. Ravina Murti S/o K. Appa Rao, Aged About 25 Years, R/o Janeru Post Bandaved, Police Station G. Madgula, District Paderu (Alleru Sitarmarju) (Andhra Pradesh). (At Present Lodged In District Jail Bhilwara)

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

----Respondent S.B. Criminal Miscellaneous Bail Application No. 9435/2023 Satya Narain @ Vikram S/o Shyam Lal Daroga, Aged About 29 Years, R/o Nearby Chattari Wala Bheruji, Bhadu, Amndal Police Station, District Bhilwara. (Lodged Indistrict Jail, Bhilwara).

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


For Petitioner(s)          :    Mr. TRS Sodha
                                Mr. B.S. Charan
For Respondent(s)          :    Mr. Vikram Sharma, PP
                                Mr. Vinod Kumar, SI
                                CID-CB Jaipur



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                     Order

04/09/2023

Bail Applications No. 9881/2023 and 9434/2023

The present bail applications have been filed under Section

439 Cr.P.C. on behalf of the petitioners who are in judicial custody

[2023:RJ-JD:27965] (2 of 3) [CRLMB-9881/2023]

in connection with F.I.R. No.24/2023, Police Station Mandal,

District Bhilwara registered for the offence punishable under

Section 8/20 of the NDPS Act.

Learned counsel for the petitioners submits that total 173

kgs and 700 gms. Ganja was recoverd from total 86 bags. The

Investigating Officer after taking samples of alleged contraband

from all these bags, mixed the same and took only one sample

and sent the same for FSL. 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

Lal Vs. State decided on 27.02.2018, in the said cases also the

samples were taken from all the bags and only two samples were

sent for FSL and this Court granted bail to the accused. Counsel

submits that the case of the present petitioners is also identical to

that of the reported case. The petitioners are in judicial custody

and the trial of the case will take sufficiently long time. With these

submissions, learned counsel for the petitioners prayed that the

benefit of bail may be granted to the accused-petitioners.

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

petitioners under Section 439 Cr.P.C.

[2023:RJ-JD:27965] (3 of 3) [CRLMB-9881/2023]

Accordingly, the bail applications filed under Section 439

Cr.P.C. are allowed and it is directed that petitioners - Satya

Narain @ Vikram Ranawat S/o Shyam Lal Daroga and K. Ravina

Murti S/o K. Appa Rao, shall be released on bail in connection with

F.I.R. No.24/2023, Police Station Mandal, District Bhilwara

provided each of them 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 their appearance before that

court on each and every date of hearing and whenever called upon

to do so till the completion of the trial.

Bail Application No. 9435/2023 Learned counsel for the petitioner wants to withdraw the

present interim bail application.

Hence, the present interim bail application filed by the

petitioner is hereby dismissed as withdrawn.

(MANOJ KUMAR GARG),J 109-110-111-Rashi/-

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