Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 768 (RAJ)

Kalu Ram v. State of Rajasthan

2022-03-05

DEVENDRA KACHHAWAHA

body2022
JUDGMENT Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.01/2022, Police Station Gudamalani, District Barmer, registered for the offence punishable under Section 8/21 of the NDPS act. 2. Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner stated that as per prosecution, alleged contraband - smack (morphin) weighing 20 gms. have been recovered from the possession of the petitioner; recovered contraband is below commercial quantity; petitioner is behind the bars since 01.01.2022; charge-sheet has been filed; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner. 4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that four other cases have been registered against the accused-petitioner out of which, one case is of identical nature. 5. Having regard to the facts and circumstances of the case, particularly looking to the facts that recovered contraband is below commercial quantity; charge-sheet has been filed; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Kalu Ram S/o Gorakha Ram, arrested in connection with F.I.R. No.01/2022, Police Station Gudamalani, District Barmer, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac Only) and 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.