Rajasthan High Court - Jodhpur
Kamalsingh @ Kamal Rana vs State on 10 August, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8416/2020
Kamalsingh @ Kamal Rana S/o Shri Dungarsingh Tanwar, Aged
38 Years, By Caste Rajput, R/o Bambori, Thana Ranthajana,
District Pratapgarh (Raj.).
(At Present Lodged At District Jail Chittorgarh).
----Petitioner
Versus
State, Through P.P.
----Respondent
For Petitioner(s) : Mr. M.L. Vishnoi
For Respondent(s) : Mr. Mukhtiar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment / Order 10/08/2020 In wake of onslaught of COVID-19, as an abundant caution, hearing of the cases shall be through video conferencing and physical appearance.
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.320/2011, Police Station Kotwali, District Chittorgarh, registered for the offence under Section 8/29 of N.D.P.S Act.
Learned counsel for the petitioner stated that the benefit of bail has already been granted by the coordinate Bench of this Court to the main accused persons, namely, Shisram, vide order dated 17.01.2013 (Bail Application No. 367/2013) and Narpat Singh, vide order dated 18.12.2012 (Bail Application No. 6704/2012). He further submits that trial will take time, therefore, benefit of bail may be granted to the accused-petitioner. (Downloaded on 10/08/2020 at 08:55:02 PM)
(2 of 2) [CRLMB-8416/2020] On the contrary, learned Public Prosecutor stated that one another case is pending against the accused-petitioner and opposed the bail application.
In reply, learned counsel for the petitioner stated that in that case, petitioner has already been enlarged on bail.
Heard and considered the arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Having regard to the facts and circumstances of the case, particularly to the fact that the benefit of bail has already been granted to the main accused, as mentioned above and the 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 is allowed. It is ordered that the accused-petitioner Kamalsingh @ Kamal Rana S/o Shri Dungarsingh Tanwar, arrested in connection with F.I.R. No.320/2011, Police Station Kotwali, District Chittorgarh, shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/- 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 85-amit/-
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