Rajasthan High Court - Jodhpur
Ramesh vs State on 19 September, 2017
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. II Bail No. 7382 / 2017
Ramesh S/o Meera Ram, Aged About 28 Years, By Caste Bishnoi,
Resident of Guda Vishnoiyan Police Station Kuri Bhagtasani,
District Jodhpur. (At Present Lodged in Sub Jail, Balotra).
----Petitioner
Versus
The State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. Vinod Sharma
For Respondent(s) : Mr. O.P.Rathi, P.P.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order 19/09/2017 The first bail application submitted on behalf of the petitioner was dismissed by this Court on 28.10.2015 whereafter statements of numerous material prosecution witnesses have been recorded by the trial court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material on record.
Contraband poppy straw weighing 33.87 quintals was recovered from a truck no. RJ 27GB-8245 in which the accused Manoj and Raju @ Rajmal were apprehended. So far as the petitioner is concerned, the prosecution has set up a case that he was escorting the said truck in a white coloured Scorpio No. RJ-31 (2 of 3) [CRLMB-7382/2017] UB-0044 which did not stop despite being flagged down by the police party and managed to escape.
Learned counsel Mr. Sharma representing the petitioner urges that as per the conclusion in the charge-sheet, the occupants of the said Scorpio vehicle were allegedly identified by Constable Bastiram. However, the said constable Bastiram upon being examined at trial as P.W. 6. did not state that he could identify the petitioner as an occupant of the said Scorpio vehicle. He thus urges that the petitioner deserves to be enlarged on bail.
Learned P.P. opposes the submissions advanced by the petitioner's counsel. However, he too does not dispute the fact that the petitioner was not present in the truck from which the contraband poppy straw was recovered. He is stated to be escorting the said truck in a white coloured Scorpio vehicle and was allegedly identified by constable Bastiram. However, the said constable, upon being examined at trial as P.W. 6 did not name the petitioner as an occupant of the Scorpio vehicle.
In this background and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the petitioner deserves to be released on bail.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Ramesh arrested in connection with F.I.R. No.53/2015 P.S. Kalyanpur Dist. Barmer shall be released on bail; provided he furnishes a personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/- each to the satisfaction of the (3 of 3) [CRLMB-7382/2017] 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.
(SANDEEP MEHTA), J.
/sushil/