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2013 DIGILAW 1433 (RAJ)

Dharmendra Agarwal v. The State of Rajasthan

2013-08-14

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant bail application has been moved on behalf of petitioner Dharmendra Agarwal S/o Shri Brijmohan Agarwal R/o Plot No. 53, Kanti Nagar, Station Road, Sindhi Camp, Jaipur seeking bail u/s 439 Cr.P.C. in connection with FIR No. 103/2013 of the Police Station Kardhani, Jaipur for offences u/s 286, IPC and section 5 of the Explosive Act. 2. It is submitted on behalf of the petitioner that the petitioner is a trader in Ammonium Nitrate. Fifty bags of Ammonium Nitrate, which were allegedly being transported without any licence, were recovered from Ladu Singh on 3.3.2013. On the basis of information given by Ladu Singh, the petitioner's godown was searched on 4.3.2013 and it is alleged that 400 more bags of Ammonium Nitrate were recovered. The petitioner was arrested and thereafter has been remanded to judicial custody. Co-accused Ladu Singh applied to this court for grant of bail by Bail Application No. 6003/2013 and the said bail application came to be accepted by this court vide order dated 6.8.2013. 3. On behalf of petitioner Dharmendra Agarwal, it has been pleaded that the recovered Ammonium Nitrate does not fall within the prohibited category because the rule referred to in the Gazette Notification dated 11.7.2012 gives one year's period to the trader for exhausting the existing stock in case the trader does not want to apply for a licence. It is claimed that the petitioner was at liberty to finish his stock within a year of publication of notification i.e. upto 10.7.2013 and therefore, no prima facie offence is made out against the petitioner. 4. On behalf of State, Shri Bhanu Pratap Singh, Constable, has opposed the bail application. However, it is not in dispute that the charge-sheet has been filed in the case. The petitioner is not required for further investigation and that co-accused Ladu Singh has already been granted bail by this court. In this view of the matter, this court is of the opinion that the petitioner also deserves to be released on bail in this case. 5. Accordingly, the bail application is accepted and it is ordered that the accused petitioner Dharmendra Agarwal S/o Shri Brijmohan Agarwal, in FIR No. 103/2013, Police Station Kardhani, Jaipur (South) shall be released on bail, provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 5. Accordingly, the bail application is accepted and it is ordered that the accused petitioner Dharmendra Agarwal S/o Shri Brijmohan Agarwal, in FIR No. 103/2013, Police Station Kardhani, Jaipur (South) shall be released on bail, provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- each, to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.Bail application allowed. *******