Rajasthan High Court - Jodhpur
Mallaram vs State Of Rajasthan (2024:Rj-Jd:9423) on 23 February, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:9423]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2176/2024
Mallaram S/o Genaram Jat, Aged About 35 Years, R/o Thakno Ki
Dhani, Village Nagaan Talla, Teh Kanood, Ps Gida, Dist Barmer,
Raj. (Lodged In Dist Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.Ray Bishnoi
For Respondent(s) : Mr. K.S. Nahar, Spl. P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/02/2024
The petitioner has been arrested in connection with FIR
No.06/2022 of Police Station CBN Singoli, District Chittorgarh, for
the offence punishable under Sections 8/15, 25 & 29 of NDPS Act.
He has preferred this second bail application under Section 439
Cr.P.C. The first bail application was dismissed as not pressed vide
order dated 14.09.2023 with liberty to file afresh after recording
the statement of Seizure Officer-cum-Investigating Officer.
Learned counsel for the petitioner submits that the petitioner
was detained at Kapasan (Rajasthan) whereas the recovery was
shown at Neemach (Madhya Pradesh). Counsel further submits
that the entire seizure proceedings suffer from illegality and
statements of Seizure Officer, Sonu have been recorded as PW-4
[2024:RJ-JD:9423] (2 of 3) [CRLMB-2176/2024]
and there are material contradictions, improvements and
omissions in his statements. It is further stated that neither the
samples were taken nor the seizure memo was prepared on the
spot whereas all the papers were prepared by the Police after
taking the petitioner to Neemach (Madhya Pradesh). Counsel
placed reliance of the judgment passed by the Hon'ble Supreme
Court in the case of Kuldeep Singh Vs. State of Punjab
reported in AIR 2011 SC(Supp.) 787. The accused-petitioner is
in judicial custody since 13.11.2022 and the trial of the case will
take sufficient long time to be concluded. Therefore, the benefit of
bail should be granted to the accused-petitioner.
Learned Special Public Prosecutor has opposed the bail
application and submits that Panchnama was already prepared on
the spot. Thereafter, the accused as well as Motbirs and goods
were taken to Neemach (Madhya Pradesh) and the recovery was
made in the presence of Motbirs, therefore, bail application may
kindly be rejected.
Having regard to the totality of the facts and circumstances
of the case, the similar view taken by the Co-Ordinate Bench of
this Court in the case of Vishnu Dutt Khileri Vs. State of
Rajasthan passed in S.B. Criminal Misc. Bail Application
No.5756/2023 decided on 19.10.2023, I deem it just and proper
to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Sec.439
Cr.P.C. is allowed and it is directed that petitioner Mallaram S/o
Genaram Jat shall be released on bail in connection with FIR
No.06/2022 of Police Station CBN Singoli, District Chittorgarh,
provided he executes a personal bond in a sum of Rs.2,00,000/-
[2024:RJ-JD:9423] (3 of 3) [CRLMB-2176/2024]
with two sound and solvent sureties of Rs.1,00,000/- 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.
(MANOJ KUMAR GARG),J
66-Ishan/-
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