Rajasthan High Court - Jodhpur
Dinesh @ Rinku vs State on 7 September, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3342/2020
Dinesh @ Rinku S/o Dalveer Singh, Aged About 24 Years, B/c
Jat, Resident Of Motipura, Post Jhumpa Kala, Thana Siwani,
Tehsil Siwani, Jil Bhiwani (Haryana). (Presently Lodged In District
Jail, Chittorgarh).
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Vinay Kothari and
Mr. Mehul Kothari
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 07/09/2020 The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.125/2018, Police Station Begu, District Chittorgarh, registered for the offence under Sections 8, 15 of NDPS Act and Sections 467, 468, 471 of IPC.
Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that statement of seizure officer along with some other witnesses are recorded; both the two independent witnesses have turned hostile; petitioner is under judicial custody since more than two years; trial will take time. He further stated that seizure officer admitted during the course of examination that samples were not sent to laboratory within seventy two hours as per standing instructions issued by the Narcotics Control Bureau. In support of his contentions, he also relied upon the judgment passed by Punjab and Haryana High (Downloaded on 07/09/2020 at 08:40:48 PM) (2 of 2) [CRLMB-3342/2020] Court in Criminal Appeal No.47-DB of 2004 in the case of Parminder Singh Vs. State of Haryana. With the above submissions, he prayed that benefit of bail may be granted to the petitioner.
On the contrary, learned Public Prosecutor has opposed the bail application.
As per evidence and material available on record, seizure took place on 14.06.2018 and as per Exhibit-44, samples were sent to laboratory on 07.07.2018. This fact is also accepted in the statement of seizure officer PW-6-Shankar lal at middle of page No.5 that ";g dguk lgh gS fd ?kVuk ds 72 ?k.Vs esa lSEiy tk¡p gsr ugha Hksts x;s Fks" .
Having regard to the facts and circumstances of the case and the judgment relied upon by learned counsel for the petitioner, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Dinesh @ Rinku S/o Dalveer Singh, arrested in connection with F.I.R. No.125/2018, Police Station Begu, District Chittorgarh, shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lakh) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand) each to the satisfaction of the 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.
(DEVENDRA KACHHAWAHA),J 1-Arvind/-
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