Citation : 2024 Latest Caselaw 69 Raj/2
Judgement Date : 8 January, 2024
[2024:RJ-JP:936]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
15141/2023
Ramkishan S/o Shri Girdhari Lal, R/o Chhawani
Ramchandrapura, Police Station Gumanpura Kota,
Presently Ward No. 16, Gali No. 24 Carrier Point Ke
Samne, Shiv Sagar Colony Kota Police Station
Udyog Nagar Kota Rajasthan (At Present Confined
In District Jail Bundi)
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Devesh Bhardwaj S/o Shri Mahaveer Prasad,
Aged About 49 Years, R/o Hall Sho Keshoray
Patan Bundi District Bundi Rajasthan
Permanent Address Ambabari, Vidhayadhar
Nagar Jaipur City.
----Respondents
Connected With S.B. Criminal Miscellaneous Bail Application No.
Pukhraj S/o Shri Ghasilal @ Amar Singh, Aged About 45 Years, R/o Village Gamachh, Police Station K Patan, District Bundi, Rajasthan. (At Present Accused In District Jail, Bundi)
----Petitioner Versus
1. State Of Rajasthan, Through PP
2. Shri Devesh Bhardwaj S/o Shri Mahaveer Prasad, Aged About 49 Years, R/o Amba Badi, P.s. Vidhyadhar Nagar, District Jaipur City, At Present Police Station Inspector (Sho), Police Station K. Patan, District Bundi.
----Respondents
[2024:RJ-JP:936] (2 of 3) [CRLMB-15141/2023]
For Petitioner(s) : Mr. Liyakat Ali, Adv.
Mr. Kartik Agarwal, Adv., for Mr. Tara Chand Sharma, Adv.
For : Mr. Ghan Shyam Singh
Respondent(s) Rathore, GA-cum-AAG,
assisted by
Mr. Babu Lal Nasuna, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
08/01/2024
These bail applications have been filed by the
petitioners under Section 439 Cr.P.C. seeking regular
bail in FIR No. 358/2023 registered at Police Station
Keshoray Patan, District Bundi for the offence(s)
under Section(s) 8/20 & 8/29 NDPS Act.
Learned counsels for the petitioners submit that
the accused-petitioner(s) are innocent and they have
been falsely implicated in these cases. They further
submit that the amount of contraband involved in the
present matter is less than commercial quantity. The
accused-petitioner(s) have been in judicial custody
since long and the conclusion of the trial will take
long time, hence the petitioner(s) may be enlarged
on bail.
Learned Government Advocate-cum-Additional
Advocate Genenral appearing for the State has
opposed the bail application.
[2024:RJ-JP:936] (3 of 3) [CRLMB-15141/2023]
Taking into consideration the overall facts and
circumstances of the case, but without expressing
any opinion on the merits and demerits of the case,
this Court deems it just and proper to enlarge the
petitioners on bail.
Accordingly, these bail applications filed under
Section 439 Cr.P.C. are allowed and it is ordered that
accused-petitioner(s) namely (1) Ramkishan S/o
Shri Girdhari Lal and (2) Pukhraj S/o Shri
Ghasilal @ Amar Singh shall be released on bail,
provided each of them furnishes a personal bond in
the sum of Rs.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the trial
Court, with the stipulation that the petitioner(s) shall
appear before that Court on all subsequent dates of
hearing and as and when called upon to do so.
(UMA SHANKER VYAS),J
YOGESH KUMAR /80-81
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