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[Cites 5, Cited by 6]

Rajasthan High Court - Jodhpur

Pargat Singh vs State on 4 September, 2020

Author: Devendra Kachhawaha

Bench: Devendra Kachhawaha

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR.
                         ..

S.B. Criminal Misc. Bail Application No. 7936/2020. Pargat Singh S/o Balraj Singh, aged 28 years, Chak Jwalasinghwala, Hanumangarh Town, District Hanumangarh.

(At Present Lodged In Sub Jail, Rajgarh).                                ----Petitioner
                                     Versus
State of Rajasthan through PP                                          ----Respondent


For Petitioner(s)          :     Mr. R.S. Choudhary.
                                 Mr. Sumer Singh Gour.
For Respondent(s)          :     Mr. Mahipal Bishnoi, PP.


HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 04/09/2020 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. 176/2019, Police Station Sahava, District Churu, registered for the offences under Sections 8/21, 22 and 29 of the NDPS Act.

Learned counsel for the petitioner stated that the petitioner has falsely been implicated in this case; that the benefit of bail has already been granted by the co-ordinate Bench of this Court to the co-accused, namely, Ramesh Kumar; that in the statement of co-accused Ramesh Kumar recorded during the course of investigation, he has stated that the seized tablets were handed over by him to the accused-petitioner; and that the trial will take time, therefore, benefit of bail may be granted to the present accused-petitioner.

On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner. (Downloaded on 04/09/2020 at 08:33:45 PM)

(2 of 2) [CRLMB-7936/2020] Heard and considered the arguments advanced by the learned counsel for the petitioner and the learned Public Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances of the case, particularly to the fact that in Bail Application No.5903/2020, vide order dated 06.07.2020, the benefit of bail has already been granted by the co-ordinate Bench of this Court to the co-accused Ramesh Kumar, who has handed over the contraband to the accused-petitioner; and having scanned through the documents submitted for perusal of the Court during the course of arguments by the learned counsel for the petitioner; and the fact that further investigation and trial will take sufficiently long time, therefore, 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 filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner, Pargat Singh S/o Balraj Singh, arrested in connection with F.I.R. No. 176/2019, Police Station Sahava, District Churu, shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) and two sound and solvent surety bonds of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

(DEVENDRA KACHHAWAHA),J 56-Mohan/-

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