Rajasthan High Court - Jodhpur
Gouru @ Gourilal vs State Of Rajasthan (2024:Rj-Jd:42726) on 19 October, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:42726]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10943/2024
Gouru @ Gourilal S/o Sojiram Banjara, Aged About 58 Years, R/
o Naya Talab, Thana Gangrar, Present Thana Sadas, Dist.
Chittorgarh, Raj. (Lodged In Central Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. Rajesh Bhati, PP with
Mr. Ravindra Singh Bhati, AGA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
19/10/2024
This application for bail under Section 483 BNSS has been
filed by the petitioner who has been arrested in connection with
F.I.R. No.56/2007 registered at Police Station Gangrar, Dist.
Chittorgarh, for the offences under Sections 8/18 and 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 as per the
prosecution, contraband (opium) weighing 66.200 Kgs. was
recovered from the conscious possession of co-accused persons
namely Ratanlal, Mukesh and Prem. It was contended that as per
the prosecution, the petitioner was accompanying co-accused
persons however, on seeing police personnel, he fled away from
the place of incident.
[2024:RJ-JD:42726] (2 of 3) [CRLMB-10943/2024]
Learned counsel submitted that above named co-accused
persons from whose conscious possession contraband (opium) was
recovered have already been acquitted by the Court of Special
Judge, NDPS Act Cases No.1, Chittorgarh vide judgment dated
06.02.2014. It was further contended that another co-accused
Uda @ Udaylal (S.B. Criminal Misc. Bail Application No.7106/2023)
has already been enlarged on bail by this Court vide order dated
13.07.2023.
Lastly, learned counsel submitted that the case of the
present petitioner is not distinguishable from that of the co-
accused Uda @ Udaylal who has already been enlarged on bail by
this Court; the petitioner is in judicial custody and the trial of the
case will take sufficiently long time, therefore, the benefit of bail
may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application. However, he was not in a position to
refute the fact that the above named co-accused persons from
whose conscious possession contraband greater than commercial
quantity was recovered have already been acquitted by the Court
of Special Judge, NDPS Act Cases No.1, Chittorgarh and another
co-accused Uda @ Udaylal has already been enlarged on bail by
this Court.
Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
[2024:RJ-JD:42726] (3 of 3) [CRLMB-10943/2024]
Consequently, the bail application under Section 483 BNSS is
allowed. It is ordered that the accused-petitioner Gouru @
Gourilal S/o Sojiram Banjara arrested in connection with F.I.R.
No.56/2007 registered at Police Station Gangrar, Dist. Chittorgarh,
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
486-divya/-
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