Rajasthan High Court - Jaipur
Suvalal Khinchi @ Tota @ Suaa S/O Manohar ... vs The State Of Rajasthan ... on 2 December, 2023
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2023:RJ-JP:37332]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Second Bail Application No. 15378/2023
Suvalal Khinchi @ Tota @ Suaa S/o Manohar Lal Khatik, Aged
About 28 Years, R/o Makan No. 4991, Purani Kotwali Ka Rasta,
Khatiko Ka Mohalla, Sanjay Bazar, Ghatgate, Police Station
Ramganj, Jaipur (Raj.). (Presently Confined In Central Jail,
Jaipur)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kapil Nagayach for Mr. Rajveer Singh Gurjar For Respondent(s) : Mr. M.K. Sheoran, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/12/2023
1. This second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.450/2023 registered at Police Station Ramganj, District Jaipur City (North) for the offence under Section 8/21 of NDPS Act.
2. First bail application filed on behalf of the petitioner was dismissed as withdrawn with liberty to file fresh bail application after submission of outcome of investigation. Now, chargesheet has been filed in the matter, thus, this second bail application has been preferred.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He (Downloaded on 05/12/2023 at 08:51:59 PM) [2023:RJ-JP:37332] (2 of 3) [CRLMB-15378/2023] further submits that petitioner was found in possession of 5.91 grams of smack, which is marginally above from the small quantity. The petitioner is in custody since 28.09.2023 and chargesheet has been filed in this case and trial of the case will take considerable time. He also contends that further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the bail application and submits that two other cases of similar nature have also been registered against the petitioner.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged recovery is marginally above small quantity and looking to the custody period of the petitioner, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This second bail application is accordingly allowed and it is directed that accused-petitioner - Suvalal Khinchi @ Tota @ Suaa S/o Manohar Lal Khatik shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
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[2023:RJ-JP:37332] (3 of 3) [CRLMB-15378/2023]
7. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station on first Monday of every month, till trial is concluded. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to petitioner by this Court.
(ANIL KUMAR UPMAN),J 5-Nirmala (Downloaded on 05/12/2023 at 08:51:59 PM) Powered by TCPDF (www.tcpdf.org)