The court allowed the bail application of a petitioner arrested under Sections 8/29 of the NDPS Act, relying on the grant of bail to similarly situated co-accused and the lengthy trial duration. Bail was granted with conditions.
Bail granted with personal bond of Rs. 2,00,000/- and two sureties of Rs. 1,00,000/- each.
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[2024:RJ-JD:12418]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1158/2024
Punamchand S/o Sh. Mohan Lal @ Nondram Patidar, Aged About 35 Years, R/o Gomana, Ps. Chhoti Sadri, Dist. Pratapgarh (Raj.) (Presently Lodged In Dist. Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. VijayRajBishnoi |
|---|---|
| For Respondent(s) | : Mr. Mukesh Trivedi,PP |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/03/2024
The petitioner has been arrested in connection with FIR No.115/2014 of Police Station Mangalwad, District Chittorgarh, for the offence punishable under Sections 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. Learned counsel for the petitioner submits that the similarly situated co-accused Pappu @ Dinesh, Vardaram @ Virdaram, Vijay, Devilal Prajapat have already been granted bail by the CoOrdinate Bench of this Court and the case of present petitioner is not distinguishable from that of the co-accused. Counsel further submits that now the charges for offence under Section 8/29 of NDPS Act have already been framed before the trial Court and there are no antecedent against the present petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
[2024:RJ-JD:12418]
[CRLMB-1158/2024]
(2 of 2)
Learned Public Prosecutor has opposed the bail application.
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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Punamchand S/o Sh. Mohan Lal @ Nondram Patidar shall be released on bail in connection with FIR No.115/2014 of Police Station Mangalwad, District Chittorgarh, provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- 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.
(MANOJ KUMAR GARG),J
91-Ishan/-
1 issue framed by the court
Whether the petitioner is entitled to bail in an NDPS Act case where co-accused have been granted bail.
2 provisions across 2 enactments
Punamchand S/o Sh. Mohan Lal @ Nondram Patidar
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
