Research › Search › Judgment

Rajasthan High Court · body

2021 DIGILAW 1717 (RAJ)

Gajesingh v. State of Rajasthan

2021-09-14

VINIT KUMAR MATHUR

body2021
ORDER 1. Both the instant bail applications stand decided by this common order as they arise out of the same FIR. 2. The present second bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No.231/2019, Police Station Bhopalgarh, District Jodhpur for the offences under Sections 8/15, 8/29 of NDPS Act. 3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material available on record. 4. The first bail applications of the petitioners were rejected vide order dated 21.07.2020 with liberty to file fresh bail application after the statement of Investigating/Seizure Officer is recorded before the trial court. 5. Counsel for the petitioners submits that three bail applications were decided by a common order dated 21.07.2020 vide which the bail applications of the present petitioners were rejected whereas the bail application preferred by the co-accused Rajal, who was actually the person from whom the contraband was recovered, was enlarged on bail. He submits that the present petitioners were neither present on the spot nor any recovery has been effected from them. 6. Learned counsel further submits that co-accused Vivek was though enlarged on bail by the co-ordinate Bench of this Court vide order dated 01.06.2020, but the same was not brought to the notice of this Court at the time of deciding the bail application of the petitioners on 21.07.2020. He submits that the charge-sheet in the case has been filed and as per the investigation report, there are not call details of the present petitioners with the co-accused person from whom the contraband was recovered. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail. 7. Learned Public Prosecutor has opposed the bail application. 8. 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 petitioners under Section 439 Cr.P.C. 9. Accordingly, the present second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that the petitioners (1) Gajesingh S/o Sh. Karansingh Ji & (2) Suresh S/o Sh. Accordingly, the present second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that the petitioners (1) Gajesingh S/o Sh. Karansingh Ji & (2) Suresh S/o Sh. Sita Ram shall be released on bail in connection with F.I.R. No.231/2019, Police Station Bhopalgarh, District Jodhpur provided each of them executes a personal bond in a sum of Rs. 1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) each to the satisfaction of the 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.