Rajasthan High Court - Jodhpur
Kachru Lal vs State Of Rajasthan on 8 June, 2021
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
(1) S.B. Criminal Misc. Bail Application No. 6047/2021 Vinod S/o Karu Lal Lohar, Aged About 30 Years, R/o Suri, P.sS Nahargarh, Distt. Mandsaur (M.P.) (At Present Lodged At Distt. Jail, Chittorgarh) ----Petitioner Versus State Of Rajasthan through PP ----Respondent ..
Connected With (2) S.B. Criminal Misc. Bail Application No. 6030/2021. Kachru Lal S/o Bhuwan Malviya, Aged About 50 Years, R/o Pardilya, P.S. Nahargarh, Distt. Mandsaur. (At Present Lodged At District Jail, Chittorgarh) ----Petitioner Versus State Of Rajasthan through PP ----Respondent ..
(3) S.B. Criminal Misc. Bail Application No. 6037/2021. Kanhaiya Lal S/o Ramgopal Patidar, Aged About 46 Years, R/o Pardilya, P.s. Nahargarh, Distt. Mandsaur (M.P.) (At Present Lodged At Distt. Jail, Chittorgarh) ----Petitioner Versus State Of Rajasthan through PP
----Respondent ..
(4) S.B. Criminal Misc. Bail Application No. 6039/2021. Dinesh S/o Bhagwan Lal Chamar, Aged About 35 Years, R/o Kotda Bahadur, P.S. Nahargarh, At Present Nataram, P.S. Sitamao District Mandsaur (M.P.) (At Present Lodged At District Jail, Chittorgarh)
----Petitioner Versus State Of Rajasthan through PP
----Respondent ..
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(2 of 5) [CRLMB-6047/2021] (5) S.B. Criminal Misc. Bail Application No. 6041/2021. Gopal S/o Jagdish Malviya, Aged About 35 Years, R/o Nataram, P.s. Nahargarh, District Mandsaur (M.P.) (At Present Lodged At Distt. Jail, Chittorgarh)
----Petitioner Versus State Of Rajasthan through PP
----Respondent ..
(6) S.B. Criminal Misc. Bail Application No. 6043/2021. Narendra S/o Hiralal Nayak, Aged About 20 Years, R/o Indra Colony Gali No. 2, P.S. Y.D. Nagar, Distt. Mandsaur (M.P.) (At Present Lodged At Distt. Jail, Chittorgarh)
----Petitioner Versus State Of Rajasthan through PP
----Respondent ..
(7) S.B. Criminal Misc. Bail Application No. 6045/2021. Karu Lal S/o Gangaram Malviya, Aged About 45 Years, R/o Talab Pipaliya, P.S. Nahargarh, District Mandsaur (M.P.) (At Present Lodged At District -Jail, Chittorgarh)
----Petitioner Versus State Of Rajasthan through PP
----Respondent For Petitioner(s) : Mr. Abhishek Charan through VC. For Respondent(s) : Mr. Mahipal Bishnoi, PP. (Downloaded on 08/06/2021 at 08:21:48 PM)
(3 of 5) [CRLMB-6047/2021] HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA (VACATION JUDGE) Order 08/06/2021 The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No. 325/2020, Police Station Sadar Nimbahera (wrongly mentioned as Nimbahera in the impugned order), District Chittorgarh, registered for the offences punishable under Sections 8/15, 25 and 29 of the N.D.P.S. Act.
Learned counsel for the petitioners appearing through video conferencing stated that in the present case, the seizure proceedings were held on 11.10.2020 (vide page number 16 of the charge-sheet); that the samples were sent to FSL on 28.10.2020 (vide page number 97 of the charge-sheet); that the samples were received at FSL on 29.10.2020 (vide page number 96 of the charge-sheet) which is clear-cut violation of the standing instructions issued by the Narcotics Control Bureau; that as per that instructions, samples should be sent to the FSL within 72 hours of the seizure proceedings. Learned counsel further stated that in similar situations, benefit of bail has been granted to Dinesh @ Rinku S/o Delveer Singh (Bail Application No. 3342/2020, decided on 07.09.2020).
Per contra, learned Public Prosecutor has fervently and vehemently opposed the bail applications of the accused- (Downloaded on 08/06/2021 at 08:21:48 PM)
(4 of 5) [CRLMB-6047/2021] petitioners but not in a position to controvert the above mentioned arguments advanced on behalf of the learned appearing for the accused-petitioners. He further stated that the recovered quantity of the contraband in the present case is below commercial quantity.
Heard learned counsel for the accused-petitioners appearing through video conferencing as well as the learned Public Prosecutor, present-in-person. Perused the material available on record.
Having regard to the facts and circumstances of the case, particularly to the facts that undisputedly as per the documentary evidence available on record, the seizure proceedings were held on 11.10.2020; that the samples were sent to the FSL on 28.10.2020; that the samples were received at FSL on 29.10.2020; that in similar circumstances, benefit of bail has been granted to Dinesh @ Rinku S/o Delveer Singh by this Court vide order dated 07.09.2020 in S.B. Criminal Misc. Bail Application No. 3342/2020 (copy of the order is available on record); and that 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 applications filed by the petitioners deserve to be accepted.
Consequently, all the seven (07) bail applications filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused- petitioners, namely, Vinod S/o Karu Lal Lohar (Bail Application No. (Downloaded on 08/06/2021 at 08:21:48 PM) (5 of 5) [CRLMB-6047/2021] 6047/2021), Kachru Lal S/o Bhuwan Malviya (Bail Application No. 6030/2021), Kanhaiya Lal S/o Ramgopal Patidar (Bail Application No.6037/2021), Dinesh S/o Bhagwan Lal Chamar (Bail Application No.6039/2021), Gopal S/o Jagdish Malviya (Bail Application No.6041/2021), Narendra S/o Hiralal Nayak (Bail Application No.6043/2021) and Karu Lal S/o Gangaram Malviya (Bail Application No.6045/2021), all arrested in connection with F.I.R. No.325/2020, Police Station Sadar Nimbahera (wrongly mentioned as Nimbahera in the impugned order), District Chittorgarh, shall be released on bail, if not wanted in any other case, provided erach of them 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), VJ 8-14-Mohan/-
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