Rameshwarlal @ Ramesh v. State of Rajasthan, Through P. P.
2019-02-27
VIJAY BISHNOI
body2019
DigiLaw.ai
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 57/2018 of Police Station Mangalwad, District Chittorgarh for the offences punishable under Sections 8/15 and 8/25 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that as per the prosecution story, on 28.04.2018 114 kgs. 600 gms. of poppy husk has been recovered from Radhakishan and Dugar @ Kailash Sharma while they were transporting the said narcotic contraband in Alto Car No. RJ-27CA 4034. It is submitted that during the course of investigation, the police have found that the said car was registered in the name of the petitioner who happened to be the son of one of the accused Radhakishan and the police have implicated the petitioner only on the ground that he is the registered owner of the vehicle. It is submitted that though the car, in which, narcotic contraband was recovered was registered in the name of the petitioner but the same was used by his father only. It is also submitted that there is no evidence available on record to suggest that petitioner was aware that his father was involved in transporting or possessing illegal poppy straw. It is further submitted that charges against the petitioner has been filed under Section 8/25 of the NDPS Act and he is in judicial custody since long. 4. Learned Public Prosecutor has opposed the bail application. 5. 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. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rameshwarlal @ Ramesh S/o Shri Radhakishan Ahir shall be released on bail in connection with FIR No. 57/2018 of Police Station Mangalwad, District Chittorgarh provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- 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.