The High Court of Rajasthan at Jodhpur granted bail to Kamal Vishnoi under Section 439 Cr.P.C. in an NDPS case, directing his release upon execution of a bond with sureties despite limited evidence connecting him to the offence.
Petitioner released on bail on Rs.1,00,000/- with two sureties of Rs.50,000/- each to appear till trial completion.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5856/2021
Kamal Vishnoi S/o Shri Jagdish, Aged About 23 Years, B/c Vishnoi, R/o Gajner Road, Near Bhutnath Temple, Chungi Chowki, Bikaner, P.s. Naya Shahar, Bikaner. (At Present Lodged In Sub Jail Balotra)
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Vinod Kumar Sharma, through VC For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE) Order
17/06/2021
Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioner, who has been arrested in FIR No.198/2017 of Police Station Sindhari Balotra, District Barmer for the offences punishable under Sections 8/15 & 29 of NDPS Act.
Learned counsel for the petitioner submits that main charge sheet has been filed against the co-accused Raju Khan and Prakash; no recovery has been made from the possession of present petitioner; the allegation against the present petitioner is that there was conversation between co-accused Sunil and petitioner; co-accused Sunil has already been enlarged on bail by coordinate bench of this Court in SB Criminal Miscellaneous Bail Application No.2326/2020 on 21.07.2020 and the case of the present petitioner is on better footing than the case of co-accused Sunil. Learned counsel for the petitioner further submits that there
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[CRLMB-5856/2021]
is no evidence available on record to connect the present petitioner with offence and therefore, petitioner-accused may be enlarged on bail.
Learned Public Prosecutor opposed to grant of bail to petitioner-accused. As per his contention, the mobile number by which petitioner talked with Sunil is in the name of the father of petitioner; there was conversation between petitioner and the main co-accused Sunil and Raju. He further submits that except call details no evidence is available on record to connect the present petitioner with offence.
Having considered rival contentions of the learned counsel for the parties and material available on record, without commenting on the merits of the case, this Court deem it just and proper to enlarge accused-petitioner on bail under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Kamal Vishnoi S/o Shri Jagdish shall be released on bail in connection with FIR No.198/2017 of Police Station Sindhri, Balotra, District Barmer provided he executes a personal bond in the sum of Rs.1,00,000/with two sound and solvent sureties of Rs.50,000/- 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.
(RAMESHWAR VYAS (VACATION JUDGE)),J
2-heena/-
1 issue framed by the court
Whether the petitioner accused in an FIR under Sections 8/15 and 29 of the NDPS Act be enlarged on bail.
2 provisions across 2 enactments
Kamal Vishnoi
State, Through PP
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
