Nathu Lal Meghwal vs State - 2022 Supreme(Raj) 1008

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1008

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Nathu Lal Meghwal – Appellant
Versus
State – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4075 of 2022
Decided On : 24-05-2022

Advocates appeared:
R.K. Charan, Advocate, Anees Bhurat, Advocate

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C after considering the totality of the facts and circumstances of the case.
Fact of the Case:

The petitioner was arrested in connection with FIR No.135/2018, Police Station Pur, District Bhilwara, for the offences punishable under Sections 8/15 & 29 of NDPS act. The recovery of contraband was made from the co-accused Parasmal, who was convicted under provisions of Section 8/15 of NDPS act. The petitioner was implicated with the aid of Section 29 of NDPS act. The trial of the case was expected to take a long time to be concluded.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The bail application filed under Sec.439 Cr.P.C.
Ratio Decidendi: Having regard to the totality of the facts and circumstances of the case, the court granted bail to the accused petitioner.
Final Decision: The bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that the petitioner shall be released on bail in connection with FIR No.135/2018, Police Station Pur, District Bhilwara, provided he executes a personal bond and sureties to the satisfaction of the learned trial court.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.135/2018, Police Station Pur, District Bhilwara, for the offences punishable under Sections 8/15 & 29 of NDPS act.

2. Counsel for the petitioner submits that the recovery of contraband was made from the co-accused Parasmal and after trial of the case, Parasmal was convicted under provisions of Section 8/15 of NDPS act and sentenced for about three years. Counsel further submits that the present petitioner was implicated in this case with the aid of Section 29 of NDPS act. He furthermore, submits that similarly situated co-accused Narayanlal Regar has already been enlarged on bail by the Co-ordinate Bench of this Court and the case of the present petitioner is similar to that of co-accused. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor vehemently opposed the bail application.

4. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

5. accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Nathu Lal Meghwal S/o Shankar Lal, shall be released on bail in connection with FIR No.135/2018, Police Station Pur, District Bhilwara, provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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