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2022 Supreme(Raj) 1397
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Dinesh – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2939 of 2022
Decided On : 22-03-2022
Act Referred
CRIMINAL PROCEDURE CODE : S.439
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.15, S.29, S.8
Headnote
Bail - N.D.P.S. Act - Arms Act - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the facts and circumstances of the case without commenting on the merits of the case.
Fact of the Case:
The petitioner was arrested for offences under Section 8/15 of N.D.P.S. act & Section 3/25 of arms act. The petitioner sought bail citing the grant of bail to a similarly situated co-accused and the lack of call details linking him to the case.
Finding of the Court:
The court found it just and proper to release the petitioner on bail without commenting on the merits of the case.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court deemed it just and proper to grant bail to the accused-petitioner based on the facts and circumstances of the case.
Final Decision: The bail application under Section 439 Cr.P.C. is allowed, and the accused-petitioner is ordered to be enlarged on bail upon furnishing a personal bond and sureties.
Bhagirath Ray Bishnoi, Advocate, Anita Gehlot, Advocate, Virendra Singh, Advocate
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 F.I.R. No.97/2020, Police Station Bilara, District Jodhpur, for the offences punishable under Section 8/15 of N.D.P.S. act & Section 3/25 of arms act.
2. Learned counsel for the petitioner submits that similarly situated co-accused Shrawan Ram has already been granted bail by the Coordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of the co-accused. Counsel further submits that no call details has been found from the petitioner. He was implicated with the aid of Section 29 of N.D.P.S. act and no other criminal case has been registered against him. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Dinesh S/o Shri Sohan Lal shall be enlarged on bail in F.I.R. No.97/2020, Police Station Bilara, District Jodhpur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.
