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2022 DIGILAW 2876 (RAJ)

Laxman Gurjar v. State of Rajasthan

2022-12-05

DINESH MEHTA

body2022
JUDGMENT Dinesh Mehta, J. - This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.0033/2020, Police Station Javda, District Chittorgarh for the offences under sections 8 and 15 of the N.D.P.S. Act. 2. Learned counsel for the applicant argued that 47.10 kg contraband was recovered from Sumer, who was riding on a motorcycle and vide order dated 13.08.2020, a co-ordinate Bench of this Court has granted bail to him. It is asserted that the applicant is being prosecuted on the basis of statement/information given by the main accused (Sumer) who has deposed that he was going to supply the contraband substance to the present applicant. 3. It is also informed that the other accused persons, namely, Mahadev Ram, Chandan and Mukesh have been enlarged on bail by a co-ordinate Bench of this Court vide orders dated 20.07.2021, 28.03.2022 and 14.10.2020. 4. Having highlighted above facts, learned counsel argued that the applicant is also entitled for benefit of bail. 5. Learned Public Prosecutor vehemently opposed the bail application and submitted that the case against the present applicant is that all other accused persons were going to supply the contraband substance to the applicant and if the entire quantity is clubbed together, the quantity would exceed the commercial quantity. 6. Heard learned counsel for the parties. 7. It is to be noted that all the other co-accused persons have been granted benefit of bail. Argument of learned Public Prosecutor that if the qunatity involved in each case is clubbed together, it would exceed the permissible limit is not sustainable. It is noteworthy that in his statement Sumer alone has stated that he was going to supply contraband substance to the applicant and the clubbing of quantity carried by all the three persons on three different motorcycles is too far fetched. That apart, the applicant is being inculpated only on the basis of the statement of the main accused. 8. Having regard to the facts and circumstances of the case, I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C. 9. Consequently, the bail application filed under section 439 Cr.P.C. is allowed. The applicant Laxman Gurjar S/o Sh. 8. Having regard to the facts and circumstances of the case, I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C. 9. Consequently, the bail application filed under section 439 Cr.P.C. is allowed. The applicant Laxman Gurjar S/o Sh. Habu Ji Gurjar arrested in connection with FIR No.0033/2020, Police Station Javda, District Chittorgarh shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court. 10. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 11. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.