The High Court allowed the third bail application of the accused petitioner, granting bail on the ground of parity with co-accused who were already enlarged on bail and due to long incarceration. The petitioner was released on personal bond with sureties.
Bail granted on furnishing personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each.
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[2024:RJ-JD:24664]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 6131/2023
Heera Lal S/o Madan Lal Jat, Aged About 29 Years, R/o Karunda P.s. Sadar Nimbahera, District Chittorarh. (At Present Lodged In District Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Ravinder Kumar |
|---|---|
| Mr. Naresh Kumar | |
| For Respondent(s) | : Mr. Anda Ram Choudhary-PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
THROUGH VIDEO CONFERENCING
Order
29/05/2024
The instant third bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.294/2020 registered at Police Station Sadar Nimbahera, District Chittorgarh for the offence(s) under Sections 8/15, 8/18 & 8/29 of the NDPS Act.
Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in the case. The main coaccused Uday Lal has already been enlarged on bail by the Coordinate Bench vide order dated 29.04.2024 and similarly placed other co-accused against whom offence under Section 8/29 has been alleged namely Hira Lal & Pappu @ Pukhraj have already been enlarged on bail by the Co-ordinate Benches vide orders
[2024:RJ-JD:24664]
[CRLMB-6131/2023]
(2 of 2)
dated 23.04.2024 & 27.05.2024 respectively. The petitioner is in custody since 02.03.2021 and further trial of the case will take considerable time, therefore, the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposes the third bail application.
Considering the arguments advanced by the counsel for the parties and looking to the fact that the other co-accused Uday Lal, Hira Lal and Pappu @ Pukhraj have already been enlarged on bail by the Co-ordinate Benches mainly on the ground of long incarceration, therefore, keeping in parity with the order, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, this third bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Heera Lal S/o Madan Lal Jat in connection with FIR No.294/2020 registered at Police Station Sadar Nimbahera, District Chittorgarh shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
4-Rahul Joshi
1 issue framed by the court
Whether the petitioner is entitled to bail on the grounds of parity with co-accused and long incarceration?
1 provisions across 1 enactments
Heera Lal
State Of Rajasthan
PRAVEER BHATNAGAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
