Gopal Lal vs State Of Rajasthan ...
2023 Latest Caselaw 7358 Raj

[2023:RJ-JD:30421]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11743/2023

Gopal Lal S/o Shri Rameshwal Lal Jat, Aged About 22 Years, R/o Akhepura Mandal Ps Dist. Bhilwara Lodged In Dist. Jail Bhilwara

----Petitioner Versus State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s) : Mr. Surendra Singh Shaktawat. For Respondent(s) : Ms. Anita Gehlot, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR Order

19/09/2023

This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

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

Bhilwara, for offence under Section 8/29 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case solely on

the basis of the disclosure statement of co-accused Satya Narain

@ Vikram Ranawat, from whose conscious possession contraband

greater than commercial quantity was recovered. Learned counsel

submitted that the contraband was not recovered from the

conscious possession of the petitioner. Learned counsel further

submitted that no recovery is due to be made from the petitioner.

Learned counsel submitted that co-accused namely Satya

Narain @ Vikram Ranawat and K. Ravina Murti have already been

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enlarged on bail by a coordinate Bench of this Court vide order

dated 04.09.2023 in, Criminal Misc. Bail Application

Nos.9881/2023 and 9434/2023, respectively. The order dated

04.09.2023 passed by a coordinate Bench of this Court is

reproduced hereinbelow:-

"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 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,

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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.

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."

Learned counsel for the petitioner further submitted that the

case of present petitioner is not distinguishable from that of above

named co-accused persons, who have already been enlarged on

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bail. Challan of the case has already been filed. The petitioner is in

judicial custody and the trial of the case will take sufficiently long

time, therefore, the benefit of bail should be granted to the

accused-petitioner.

Learned Public Prosecutor has opposed the bail application.

However, she was not in a position to refute the fact that co-

accused have already been enlarged on bail by a coordinate Bench

of this Court.

Having considered the rival submissions, facts and

circumstances of the case, so also the fact that co-accused Satya

Narain on the basis of whose disclosure statement, the petitioner

has been implicated in the present case, has already been

enlarged on bail by a coordinate Bench of this Court, without

expressing any opinion on merits/demerits of the case, this Court

is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C.

is allowed. It is ordered that the accused-petitioner Gopal Lal

S/o Shri Rameshwal Lal Jat arrested in connection with F.I.R.

No.24/2023, registered at Police Station Mandal, District Bhilwara,

shall be released on bail, if not wanted in any other case, provided

he furnishes a personal bond of Rs.1,00,000/- and two sureties of

Rs.50,000/- each, to the satisfaction of learned trial court, for his

appearance before that court on each & every date of hearing and

whenever called upon to do so till completion of the trial.

(KULDEEP MATHUR),J 206-Prashant/-

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