Ravi @ Ravindra vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.07//2023 registered at Police Station Lohawat Phalodi, for the offences punishable under Sections 8/22, 25 and 29 of the NDPS Act.

Heard learned counsel for the petitioner as also learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioner submitted that the co-accused Shiv Raj and Sumer @ Samundra (S.B. Criminal Misc. Bail Application No.2236/2023) have already been enlarged on bail by this Court vide order dated 18.04.2023. The order dated 18.04.2023 passed by this Court is reproduced herein below for ready reference:-

“This application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with FIR No.07/2023 registered at Police Station Lohawat, District Jodhpur, for offence under Section 8/22 and 29 of NDPS Act.

Heard learned counsel for the petitioners as also the learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioners submitted that from the FSL report dated 26.03.2023 of Regional Forensic Science Laboratory, Jodhpur, it is evident that in the recovered contraband, presence of Mephedrone has been found and MDMA was not detected in the sample packets. Learned counsel for the petitioners submitted that in view of the aforesaid, the petitioners deserve to be enlarged on bail.

Per contra, learned Public Prosecutor opposed the bail application.

Heard. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioners-(1).Shiv Raj S/o Shankar Lal and (2).Sumer @ Samundra S/o Gordhan Ram shall be enlarged on bail in connection with FIR No.07/2023 registered at Police Station Lohawat, District Jodhpur, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.”

Learned counsel for the petitioner further submitted that the contraband recovered in the present case is below commercial quantity. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the case of the present petitioner is not worse than that of the co-accused persons namely Shiv Raj and Sumer @ Samundra, who have already been enlarged on bail by this Court. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ravi @ Ravindra S/o Ladu Ram, arrested in connection with F.I.R. No.07//2023 registered at Police Station Lohawat Phalodi, 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 lakhs) and two sureties of Rs.50,000/- (Rupees Fifty Thousand) each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.