Rajasthan High Court - Jodhpur
Chandra Shekhar vs State Of Rajasthan on 17 July, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Second Bail Application No.8321/2023
Chandra Shekhar S/o Mangla Ram, aged about 20 Years, R/o
Village Dhava Tehsil Jhanwar District Jodhpur.
(At present lodged at Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan, through P.P.
----Respondent
For Petitioner(s) : Mr. Dinesh Vishnoi
For Respondent(s) : Mr. Shrawan Kumar, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 17/07/2023 This application for second bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.09/2023 registered at Police Station Mandore, District Jodhpur for the offences under Sections 8/21 and 29 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that co-accused Khinvraj has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 14.06.2023 passed in S.B.CRLMB No.5298/2023. Learned counsel submitted that as per FSL report, recovered contraband is not MDMA. The contraband (Tramadol) allegedly recovered in the present case is below commercial quantity. Learned counsel submitted that challan has already been (Downloaded on 12/11/2023 at 02:44:06 AM) (2 of 3) [CRLMB-8321/2023] filed; the petitioner is in judicial custody and the trial of the case will take sufficiently long time. Learned counsel thus, implored the Court to enlarge the petitioner on bail.
The order dated 14.06.2023 passed by coordinate Bench of this Court is reproduced below for ready reference:-
"The petitioner has been arrested in connection with FIR No.09/2023 of Police Station Mandore, District Jodhpur City East for the offence punishable under Section 8/21 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that as per the FSL report dated 08.05.2023, the following result of examination has been given:-
"The sample packed in the packet marked S-1 gave positive tests for the presence of tramadol. Presence of Mephedrone, Amphetamine, Methamphetamine, MDMA and MDA could not be detected in the sample packed in the packet marked S-1." Note-Tramadol is listed under NDPS Act."
3. In view of the above, learned counsel for the petitioner submits that as per the FSL report, the recovered article is not MDMA. Moreover, even the drug Tramadol allegedly recovered in the present case is below commercial quantity. The accused- petitioner is in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused- petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently 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 - Khinvraj S/o Shri Madhu Ram shall be released on bail in connection with FIR No. 09/2023 of Police Station Mandore, District Jodhpur City East provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of (Downloaded on 12/11/2023 at 02:44:06 AM) (3 of 3) [CRLMB-8321/2023] 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.
6. The copy of the FSL report dated 08.05.2023 is submitted before the Court's perusal is taken on record." Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that co-accused Khinvraj has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 14.06.2023.
Having considered the rival submissions, facts and circumstances of the case, this Court without expressing any opinion on merits/demerits of the case deems it just and proper to enlarge the petitioner on bail.
Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Chandra Shekhar S/o Mangla Ram arrested in connection with F.I.R. No.09/2023 registered at Police Station Mandore, District Jodhpur shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 5- Ravi Khandelwal (Downloaded on 12/11/2023 at 02:44:06 AM) Powered by TCPDF (www.tcpdf.org)