Rajasthan High Court - Jodhpur
Arsh Deep @ Gora vs State on 29 January, 2021
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 14796/2019
Arsh Deep @ Gora S/o Balvindra Singh, Aged About 18 Years,
B/c Bazigar R/o Dhani 6 B G S Rohi Banvali Police Thana Lal
Garh Jatan Tehsil Sadulsahar District Sri Ganganagar. (At Present
In Central Jail, Sri Ganganagar).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 29/01/2021 Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.
The petitioner has been arrested in FIR No.50/2019 of Police Station Lal Garh Jatan for the offences punishable under Sections 8/21, 22 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is also submitted that the alleged recovery of the narcotic contraband above commercial quantity at the instance of the petitioner is illegal. It is argued that the petitioner is in police custody since 2018, therefore, he may be enlarged on bail. (Downloaded on 29/01/2021 at 08:48:43 PM)
(2 of 2) [CRLMB-14796/2019] Per contra, Learned Public Prosecutor has opposed the bail application and submitted that the recovery of the narcotic contraband above commercial quantity has been effected from the petitioner and from the statements of Seizure Officer as well as the Investigating Officer, it is clear that the petitioner was involved in commission of crime, for which he has been charged.
Having regard to the totality of the facts and circumstances of the case and after going through the material avaiable on record and taking into consideration the fact that the narcotic contraband above commercial quantity is said to have been recovered at the instance of the petitioner, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.
Accordingly, the bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.
(VIJAY BISHNOI),J 2-akash/-
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