The Court allowed bail to two petitioners implicated in offenses under NDPS, IPC, and PDPP Act due to lack of corroborative evidence, while dismissing another petitioner as the application was not pressed.
Released on personal bond of Rs.50,000 each with two sound and solvent sureties of Rs.25,000 each till completion of trial.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 12602/2020
Vikram Singh S/o Narain Singh, Aged About 30 Years, By Caste Rajput, Resident Of Devaliya, Baramill Police Station, District Ajmer (Lodged In District Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 11687/2020
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 13318/2020 Raju S/o Kajodmal Gurjar, Aged About 35 Years, R/o Bhandakudi , Jawda P.s. Chittorgarh (Lodged In Distt. Jail , Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 14033/2020 Raju S/o Kajodmal Gurjar, Aged About 35 Years, R/o
(2 of 4)
[CRLMB-12602/2020]
Bhandakudi, Jawda Police Station, Dist. Chittorgarh. (Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Bhagirath RayBishnoi on VC |
|---|---|---|
| For Respondent(s) | : Mr. |
SS Shaktawat on VC |
| Mr. | Gaurav Singh,PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/12/2020
S.B. CR. MISC. BAIL APPLICATION NO. 12602/2020
Learned counsel for the petitioner (Vikram Singh) does not want to press this bail application but seeks liberty to come again after filing of chargesheet.
Dismissed as not pressed with the liberty aforesaid.
S.B. CR. MISC. BAIL APPLICATION NO. 11687/2020
In wake of onslaught of COVID-19, lawyers are advised to refrain from coming to the Court.
This Court perused the material available on record.
The petitioners have been arrested in connection with FIR No. 43/2020 of Police Station Bhainsrodgarh, District Chittorgarh for the offences punishable under Section 8/15 & 8/29 of NDPS Act. and U/s 332, 353 of IPC and U/s 3 of PDPP Act. They have preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners submits that there is no corroborative evidence to substantiate the statement of the co
(3 of 4)
[CRLMB-12602/2020]
accused. The IO was also called in the Court on the previous dates. Learned PP was also asked to assist regarding any other role of the present petitioners but learned PP and IO could not show anything to the Court regarding involvement of the present petitioners who were arrayed as per the statement of the co accused. Learned counsel for the petitioners makes a statement that there are no antecedents of the petitioners.
Learned Public Prosecutor has opposed the bail application but is not in a position to refute the factual matrix of the case.
Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Foru S/o Shri Nanda Gurjar (2) Nemichand S/o Nanda Gurjar shall be released on bail in connection with FIR No. 43/2020 of P.S. Bhainsrodgarh District Chittorgarh provided they execute personal bond in a sum of Rs.50,000/- each with two sound and solvent sureties of Rs.25,000/- 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.
S.B.CR.MISC.BAIL APPLICATIONS NO. 13318/2020&
14033/2020
(4 of 4)
[CRLMB-12602/2020]
Learned counsel for the petitioner (Raju ) does not want to press these bail applications but seeks liberty to come again after filing of chargesheet.
Dismissed as not pressed with the liberty aforesaid.
(DR.PUSHPENDRA SINGH BHATI),J.
ns. 78-81 -
2 issues framed by the court
Whether bail should be granted to petitioners arrested under NDPS, IPC, and PDPP Act despite lack of pressed application
Whether personal bond is conditioned on filing of chargesheet later
4 provisions across 4 enactments
Vikram Singh
Foru
Nemichand
Raju
State Of Rajasthan
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
