The Court allowed the petitioners fourth bail application under Section 439 Cr.P.C. in connection with FIR No.28/2019 for offences under the NDPS Act, directing release on personal bond and sureties.
Petitioner released on bail with a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.
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[2023:RJ-JD:37933]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 4th Bail Application No. 5525/2023
Ajruddin @ Bhauda S/o Safi Mohammed, Aged About 20 Years, R/o Kotawalo Ka Bass, Guda Malani, District Barmer. (At Present Lodged In District Jail, Pali)
----Petitioner
Versus
State Of Rajasthan
----Respondent
| For Petitioner(s) | : Mr. |
Devendra Singh Rathore |
|---|---|---|
| For Respondent(s) | : Mr. |
Laxman Solanki,PP |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
06/11/2023
The applications for early hearing of the case are allowed.
With the consent of learned counsel for the parties, the case is taken up today itself.
The present 4th bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.28/2019, Police Station Rani, District Pali for the offence punishable under Section 8/15 of the NDPS Act.
The third bail application of the petitioner was dismissed on 01.08.2022 by this Court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that after dismissal of the third bail application of the petitioner, the co-accused Dinesh S/o. Kishnaram has been enlarged on bail by the co-
[2023:RJ-JD:37933]
[CRLMB-5525/2023]
(2 of 2)
ordinate Bench of this Court vide order dated 18.08.2023 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by the co-ordinate Bench of this Court. He, therefore, prays that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the 4th bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ajruddin @ Bhauda S/o Safi Mohammed , shall be released on bail in connection with FIR No.28/2019, Police Station Rani, District Pali provided he furnishes a personal bond in a sum of Rs.1,00,000/(Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) 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.
(VINIT KUMAR MATHUR),J
35-SunilS/-
2 issues framed by the court
Whether bail should be granted to the petitioner who is in custody for offences under the NDPS Act.
Whether the petitioner's case is distinguishable from that of the co-accused who has already been granted bail.
2 provisions across 2 enactments
Ajruddin @ Bhauda S/o Safi Mohammed
State Of Rajasthan
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
