Manoj vs State Of Rajasthan (2024:Rj-Jd:36878)
2024 Latest Caselaw 7717 Raj

Rajasthan High Court - Jodhpur

Manoj vs State Of Rajasthan (2024:Rj-Jd:36878) on 4 September, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:36878]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 11147/2024

Manoj S/o Omprakash Kasera, Aged About 46 Years, R/o
Neemach Singoli Road, Ward No. 10, Morwan, Tehsil and District
Neemach (MP).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. B. Ray Bishnoi
For Respondent(s)         :     Mr. Rajesh Bhati, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

04/09/2024

1. At the threshold, learned counsel for the petitioner wants

to withdraw the instant anticipatory bail application, however,

seeks benevolence of this Court for issuance of certain directions

to the learned trial court regarding expedite hearing and deciding

of the bail application filed under Section 439 of the Cr.P.C. as well

as giving the protection to the petitioner from his arrest till

surrender.

2. Accordingly, the instant anticipatory bail application is

disposed of with a direction to the petitioner to appear before

learned Special Judge, NDPS Case, No.1, Chittorgarh on or before

10.10.2024 and to move a regular bail application under Section

439 of the Cr.P.C.

3. Upon appearance of the petitioner and moving a bail

application, it is expected from the learned trial court to take into

[2024:RJ-JD:36878] (2 of 2) [CRLMB-11147/2024]

account the fact that the petitioner has been made accused solely

on the basis of the statement of co-accused, who has been

granted bail by this Court. The legal situation shall also be taken

into account that the powers of the High Court and the Court of

Sessions under Section 439 of the Cr.P.C. are concurrent. The bail

application filed on behalf of the petitioner shall be decided on the

very same day in accordance with law and the judgment passed

by a Coordinate Bench of this Court in the case of Khet Singh

and Ors. vs. State of Rajasthan (S.B. Criminal

Miscellaneous Bail Application No. 861/2021) shall also be

taken into consideration.

4. Till 10.10.2024, the petitioner shall not be arrested in

connection with the FIR No.612/2022 registered at Police Station

Kotwali Nimbahera, District Chittorgarh.

(FARJAND ALI),J

Abhishek Kumar S.No.102

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