Bail application allowed under Section 439 Cr.P.C. for petitioner charged under NDPS Act as register owner, granted release after executing personal bond with sureties.
Petitioner released on bail under Section 439 Cr.P.C. upon executing a personal bond of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each.
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[2024:RJ-JD:23429]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2534/2024
Sham @ Shyam Kumar S/o Mahender Alias Mahender Singh, Aged About 43 Years, R/o Ward No. 19 Baradawali Gali Mandi Dabwali P.S. Dabwali Sadar Dist. Sirsa (Haryana)
(Presently Lodged In Dist. Jail Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : | Mr. B. Ray Bishnoi |
|---|---|---|
| For Respondent(s) | : | Ms. Anita Gehlot, PP with |
| Ms. Kamla Goswami | ||
| Mr. Ram Sumer, C.I., PS Nimbahera |
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/05/2024
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.312/2021 registered at Police Station Kotwali, District Chittorgarh for the offences punishable under Sections 8/15 & 8/25 of NDPS Act.
Learned counsel for the petitioner submits that the petitioner is merely a register owner of the vehicle from which the alleged contraband has been recovered. No other criminal case has been registered against the petitioner and also no call details were available between the petitioner and the other co-accused persons. Counsel further submits that similarly situated coaccused persons, namely, Mukesh, Rajendra Singh and Prakash Chandra have already been enlarged on bail by the co-ordinate
[2024:RJ-JD:23429]
[CRLMB-2534/2024]
(2 of 2)
Bench of this Court and the case of the present petitioner is similar to that of co-accused persons. 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.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sham @ Shyam Kumar S/o Mahender Alias Mahender Singh, shall be released on bail in connection with FIR No.312/2021 registered at Police Station Kotwali, District Chittorgarh provided he executes a personal bond in a sum of Rs.2,00,000/- with two 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
57- Arjun /-
Sham @ Shyam Kumar S/o Mahender Alias Mahender Singh
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
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