HIGH COURT OF RAJASTHAN - RAJASTHAN HIGH COURT PRINCIPAL SEAT JODHPUR
CHITTAR LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB 8975/2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
…
S.B. Criminal Misc. Bail Application No. 9180/2022.
Shyamlal S/o Shri Pyarchand Dhakkad, aged 35 years, R/o
Patiyal, P.S. Singoli, District Neemuch, Madhya Pradesh.
(Presently Lodged In District Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Misc. Bail Application No. 8975/2022.
Chittar Lal S/o Sohan Lal Kumawat, aged about 45 years, R/o
Kemri, Police Station Kareda, District Bhilwara (Raj.).
(At Present Lodged In District Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s)
:
Mr. Vijay Kumar Gaur.
Mr. Hukam Singh Chouhan.
For Respondent(s)
:
Mr. Shrawan Bishnoi, PP.
(2 of 3)
[CRLMB-9180/2022]
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
14/07/2022
The present bail applications have been filed under Section
439 Cr.P.C. The petitioners have been arrested in connection with
F.I.R. No. 41/2020, Police Station Begu, District Chittorgarh, for
the offences punishable under Sections 8/15, 8/29 of the Narcotic
Drugs and Psychotropic Substances (NDPS) Act.
Learned counsel for the petitioners submits that similarly
situated co-accused persons, namely, Chittar Lal S/o Bhanwar Lal
Dhakad, Kailash Chand, Radha Kishan, Radhey Shyam and
Baluram, have already been granted bail by the co-ordinate
Bench/s of this Court and the case of the present petitioner is not
distinguishable from those of the co-accused. Challan of the case
has already been presented. No investigation is pending against
the petitioners. The petitioners are 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-petitioners.
Per contra, learned Public Prosecutor has vehemently
opposed the bail applications.
I have considered the arguments advanced before me and
gone through the material available on record.
(3 of 3)
[CRLMB-9180/2022]
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 petitioners on bail.
Accordingly, both the bail applications under Section 439
Cr.P.C. are allowed and it is ordered that the accused-petitioners,
Shyamlal S/o Pyarchand Dhakkad (No. 9180/2022) and
Chittar Lal S/o Sohan Lal Kumawat (No. 8975/2022), shall be
enlarged on bail in F.I.R. No. 41/2020, Police Station Begu, District
Chittorgarh, provided each of them furnishes a personal bond in
the sum of Rs.2,00,000/- with two sound and solvent sureties of
Rs.1,00,000/- each to the satisfaction of the learned trial Judge
for their appearance before the court concerned on all the dates of
hearing as and when called upon to do so.
(MANOJ KUMAR GARG),J
112-113-Mohan/-
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