Vacation Judge allowed an application for bail to a petitioner in custody pending trial under the NDPS Act, citing lack of recovery and nature of evidence, directing execution of a personal bond with sureties.
Petitioner released on bail via personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each, for appearance before the trial court.
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[CRLMB-6740/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6740/2021
Bhagirath S/o Ram Kishan, Aged About 43 Years, resident of Sadari Daulaniyo Ki Dhani, Lohawat Police Station, Dist. Jodhpur. (Lodged In Dist. Jail, Bhilwara).
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Bhagirath RayBishnoi,through VC |
|---|---|
| For Respondent(s) | : Mr. A.R. Choudhary,PP |
HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE)
Order
15/06/2021
Before this Court is an application under Section 439 CrPC preferred on behalf of petitioner Bhagirath Ram, who is in custody in connection with FIR No.22/2019 registered at Police Station Jaitaran, District Pali for offence punishable under Sections 8/15, 8/25 & 8/29 NDPS Act.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the petitioner submits that police filed charge-sheet against the petitioner without any basis. The evidence on record against the petitioner is the information recorded under Section 27 of the Indian Evidence Act of the petitioner, co-accused Bhajan Lal and Sunil. No recovery has been made in pursuance of these informations; these informations are simply verification of the site. In these circumstances, learned
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[CRLMB-6740/2021]
counsel for the petitioner submits that no case is made out against the petitioner under Section 8/15 read with Section 29 NDPS Act. Learned counsel for the petitioner prays to enlarge the accusedpetitioner on bail.
Learned Public Prosecutor has opposed grant of bail to the petitioner.
Having considered the rival contentions of the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly, the nature of evidence collected by the Investigation Officer, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 CrPC.
Accordingly, this bail application under Section 439 CrPC is allowed. It is ordered that the petitioner Bhagirath S/o Ram Kishan, who is in custody in connection with FIR No.22/2019 registered at Police Station Jaitaran, District Pali, shall be released on bail provided he/she/each of them executes a personal bond in the sum of Rs.1,00,000/- (rupees One Lac) with two sound & solvent sureties of Rs.50,000/- each, to the satisfaction of learned trial court for his/her/their appearance before that court on each & every date of hearing and whenever called upon to do so.
(RAMESHWAR VYAS (VACATION JUDGE)),J
42-AnilKC/-
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under the NDPS Act.
3 provisions across 3 enactments
Bhagirath S/o Ram Kishan
State of Rajasthan
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
