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2022 DIGILAW 1737 (RAJ)

Gopal Lal v. State Of Rajasthan

2022-05-24

MANOJ KUMAR GARG

body2022
JUDGMENT Vinit Kumar Mathur, J. - The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.33/2019, Police Station Jawda, District Chittorgarh for the offences under Sections 8/15 and 8/25 of NDPS act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner submits that after rejection of the second bail application by this Court on 12.01.2021, the statement of Seizure Officer as PW-1 has been recorded before the trial court. He further submits that the co-accused Radheshyam and Sanjay have been enlarged on bail by a coordinate bench of this court vide orders dated 01.04.2022 and 08.10.2020 respectively. He further submits that the petitioner was not found on the spot from where the recovery of contraband was made. He further submits that only aadhar Card, Bank Passbook and R.C. of the vehicle were recovered from the vehicle in which the contraband was being transported. He further submits that the petitioner had already sold the car to Radheshyam well before the date on which it was found carrying the contraband, therefore, it is prayed that the petitioner may be enlarged on bail. 4. The learned Public Prosecutor opposes the bail. 5. 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 bail application filed by the petitioner deserves to be accepted. 6. Consequently, the third bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Gopal Lal S/o Shri Badri Lal Dhakad arrested in connection with F.I.R. No. 33/2019, Police Station Jawda, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac 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.