Rajasthan High Court - Jodhpur
Bhajnaram vs State Of Rajasthan on 21 December, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
...
S.B. Criminal Misc. Bail Application No. 16260/2022 Bhajnaram S/o Balwantaram, Aged About 40 Years, Godaro Ki Dhani, Matolchak, Khara, P.S. Phalodi, Dist. Jodhpur. (Presently Lodged In Sub Jail, Phalodi).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhanwaru Ram.
For Respondent(s) : Mr. Laxman Solanki, PP.
HON'BLE MR. JUSTICE FARJAND ALI
Order
21/12/2022
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Bhajnaram S/o Balwantaram. The petitioner has been arrested in connection with FIR No. 213/2021 registered at Police Station Baap, District Jodhpur for the offences under Sections 8/15, 22, 25, 29 of the NDPS Act.
2. Learned counsel for the accused-petitioner submits that the principal accused Surendra S//o Kishnaram Vishnoi from whocm the recovery of contraband was made has been released on bail by the learned Trial Court vide order dated 02.12.2021 (Bail Application No. 715/2021). Learned counsel further submits that the similarly situated co-accused Thana Singh @ Jasvinder S/o Kartar Singh has also been released on bail by the co-ordinate Bench of this Court vide order dated 17.11.2022 (S.B. Criminal (Downloaded on 21/12/2022 at 11:51:47 PM) (2 of 2) [CRLMB-16260/2022] Misc. Bail Application No. 14476/2022). Learned counsel also submits the recovered contraband is below the commercial quantity, therefore, bar under Section 37 of the NDPS Act is not attracted in this matter. Trial is likely to take long time to conclude. No fruitful purpose would be served by keeping the accused-petitioner behind the bars till disposal of the case.
3. Per contra, learned Public Prosecutor has vehemently opposed the bail application.
4. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case more particularly the fact that the embargo contained under Section 37 of the NDPS Act would not be attracted in this matter, this Court deems it just and proper to enlarge the accused- petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J 392-Mohan/-
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