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2022 DIGILAW 1708 (RAJ)

Kanhaiya Lal v. State Of Rajasthan

2022-05-23

VINIT KUMAR MATHUR

body2022
JUDGMENT Vinit Kumar Mathur, J. - The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.12/2020, Police Station Mathania, District Jodhpur for the offence punishable under Sections 8/15, 29 of NDPS act. 2. The second bail application of the petitioner was dismissed on 19.08.2021 by this Court. 3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 4. It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner, the statements of Seizure Officer and Investigating officer have been recorded before learned trial court as PW1 and PW2 respectively. as per the statement of PW2 Gautam Dotasara who is the Investigating officer, it has come on record that the SIM of the mobile recovered in the present case is registered in the name of Kanhaiya Lal S/o Hazari Lal and not in the name of the petitioner who is Kanhaiya Lal @ Kana S/o Bhuraji. 5. Learned counsel for the petitioner submits that except the call details in the present case, there is no evidence against the petitioner to connect him with the recovery of the contraband in question and even the SIM of the recovered mobile does not belong to the petitioner. The petitioner was neither present at the place of recovery nor any recovery has been effected from him. No case of like nature is pending/decided against the present petitioner. He, therefore, prays that the petitioner may be enlarged on bail. 6. The learned Public Prosecutor opposes the bail application. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C. 7. Consequently, the third bail application is allowed. It is ordered that the accused-petitioner Kanhaiya Lal @ Kana S/o Bhuraji, arrested in connection with FIR No.12/2020, Police Station Mathania, District Jodhpur, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lakh Only) with two sureties of Rs.50,000/- (Rupees:Fifty Thousand Only) 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.