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2022 DIGILAW 1823 (RAJ)

Rahul Patidar v. State

2022-05-30

PUSHPENDRA SINGH BHATI

body2022
JUDGMENT Dr.Pushpendra Singh Bhati, J. - The petitioner has been arrested in connection with FIR No.231/2018 of Police Station Sadar Nimbahera, District Chittorgarh for the offence punishable under Sections 8/15 of NDPS act. He has preferred this interim bail application under Section 439 Cr.P.C. 2. Learned counsel for the petitioner submits that the petitioner is in custody since about three and half years and is suffering from serious tuberculosis. He also submits that the Pulmonary condition of the petitioner is very weak and he is undergoing extensive treatment, therefore, the interim bail application of the petitioner may be allowed. 3. Learned Ga-cum-aaG has opposed the interim bail application but has placed for perusal of the Court, a report received from the jail authority, which shows that the petitioner is suffering from tuberculosis and is undergoing treatment of pulmonary disease. 4. On consideration of the report placed by the learned Ga-cum-aaG and having regard to the overall facts and circumstances of the case, this Court is of the opinion that the petitioner deserves to be enlarged on interim bail for a period of 30 days from the date of his actual release. 5. In view of the above, the present interim bail application is disposed of and it is ordered that the accused- petitioner Rahul Patidar S/o Vishnu Patidar, arrested in connection with FIR No.231/2018 of Police Station Sadar Nimbahera, District Chittorgarh shall be released on interim bail for a period of 30 days from the date of his actual release on his furnishing personal bond of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- each (out of which one shall be of accused- petitioner's close family member) to the satisfaction of learned trial court that he will surrender before the concerned Jail authorities immediately after completion of 30 days of interim bail. 6. Let this bail application be again listed on 12.07.2022, and on that date, learned Ga-cum-aaG and learned counsel for the petitioner shall be required to submit the compliance of this order.