[2023:RJ-JD:42374]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14544/2023 Om Prakash @ Gudda S/o Shri Karu Lal, Aged About 30 Years, R/o Gamerpura, Jeeran Police Station, Dist. Neemach (Mp)

(Lodged In Dist. Jail, Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. B. Ray Bishnoi For Respondent(s) : Mr. Mahipal Bishnoi, PP HON'BLE MR. JUSTICE FARJAND ALI

Order

06/12/2023

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

5. Heard Learned counsel for the petitioner and learned Public Prosecutor perused the case diary. The story set up by the prosecution would be that a vehical was intercepted by the police in an abandoned condition since no one was there on the spot. During investigation, it is revealed that one accused Ramesh made confessional statement before the Police while he was in custody with one another case regarding his involvement with the alleged recovery made in this case. The petitioner has been made accused in this case simply on the basis of statement of accused Ramesh and Girdhari. No direct link or evidence is there to connect the petitioner with the alleged offence except the disclosure statement made by accused Ramesh while he was in custody in one another case.

6. Be that as it may, I am of the firm view that fetter contained under Section 37 of the NDPS Act will not come in the way to granting bail to the petitioner. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

6. Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-

petitioner as named in the cause title 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

115-arjun/-