Laxman vs State Of Rajasthan

Kuldeep Mathur, J

The present interim bail application under Section 439 Cr.P.C. has been filed by the petitioner on the ground that his marriage is scheduled to be solemnized on 04.04.2024.

Learned counsel for the petitioner submits that as the petitioner’s marriage is to be solemnized on 04.04.2024 with one Manisha D/o Om Prakash Siyag R/o Janglu, Nokha District Bikaner and as the functions of the marriage ceremony are to be undertaken, the presence of the petitioner is essential.

In this regard, learned counsel has placed on record the invitation card of marriage of the petitioner. In such circumstances, it is prayed that the petitioner may be released on interim bail for a period of 30 days.

This Court vide order dated 18.03.2024 directed learned Public Prosecutor to procure the factual report.

Learned Public Prosecutor in compliance of the order dated 18.03.2024 has procured the factual report wherein the factum of the petitioner’s marriage to be solemnized on 04.04.2024 with one Manisha has not been disputed.

Learned counsel for the petitioner submits that since the factum of petitioner’s marriage is also fortified from the report dated 19.03.2024 received from the SHO, Police Station Panchu, District Bikaner and since the factum of the petitioner’s marriage has not been disputed by the learned Public Prosecutor, he may be granted interim bail for a period of 30 days.

Learned Public Prosecutor has opposed the interim bail application.

Having considered the facts and circumstances of the case, and having gone through the factual report submitted by the learned Public Prosecutor, this Court is of the opinion that the present interim bail application deserves acceptance and the petitioner deserves to be enlarged on bail. Therefore, this Court deems it just and proper to grant interim bail to the accused petitioner for a period 30 days.

Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Laxman S/ o Shri Panchi Lal arrested in connection with F.I.R. No.148/2022, registered at Police Station Mahajan, District Bikaner for the offences under Sections 8/15 of the NDPS Act, Sections 336 and 353 of the IPC & Section 3 of the PDPP Act, be released on interim bail for a period of 30 days, subject to the condition that he shall deposit a sum of Rs.5,00,000/- before the trial court and provided he furnishes a personal bond in a sum of Rs.4,00,000/-with two sound and solvent sureties in the sum of Rs.2,00,000/-(out of which one surety will be a close relative of the petitioner) each to the satisfaction of learned trial court for his surrender on completion of 30 days from the date of actual release.

If the petitioner surrenders within the stipulated period before the concerned Jail, then the amount of Rs.5,00,000/- so deposited before the trial court shall be refunded back to him whereas if the petitioner fails to surrender within the stipulated period, then the amount so deposited shall be forfeited immediately.

Let this bail application be again listed on 06.05.2024. Learned Public Prosecutor shall be required to submit the compliance report of the order as to whether the petitioner has surrendered or not.