Raman Kumar vs State of Rajasthan

The present application for anticipatory bail under Section 438 of Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 09/2019, Police Station Dudhwakhara, District Churu for the offence under Section 8/15 of the N.D.P.S. Act.

Heard. Perused the material available on record.

Learned Public Prosecutor has vehemently opposed the bail application.

Having regard to the nature of accusation, the gravity of the offence, material on record in support thereof and taking into consideration the totality of the facts and circumstances of the present case, without expressing any opinion on the merits of the case, I am not inclined to extend the benefit under Section 438 of Cr.P.C. to the petitioner. Accordingly, the anticipatory bail application preferred by the petitioner under Section 438 of Cr.P.C. is hereby rejected.

However, it is submitted on behalf of the petitioner that petitioner is ready to surrender before the concerned court, which may consider his bail application on the same day.

Taking into consideration the facts and circumstances of the present case, in the interest of justice, it is directed that if the petitioner - Raman Kumar S/o Data Ram surrenders before the trial Court on or before 30.01.2020 and files a regular bail application, the concerned trial Court shall consider his bail application preferably on the same day in accordance with law.