Roshan Lal vs State Of Rajasthan

Taking into consideration the rise in COVID-19 cases, specifically at Jodhpur and Jaipur, the functioning of Rajasthan High Court, Jodhpur from 14.09.2020 to 01.10.2020 shall be only through video conferencing.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R. No.198/2020, Police Station Kotwali Sirohi, District Sirohi, registered for the offences under Sections 8/18, 29 of NDPS Act against Roshan Lal and offence under Section 8/18 of NDPS Act against Shankar Lal.

Heard learned counsel for the petitioners through video calling and learned Public Prosecutor present in-person. Perused the material available on record.

Learned counsel for the petitioner through video call stated that as per prosecution, alleged contraband opium weighing 1 kg 20 gms was recovered from the petitioners which is below commercial quantity; petitioners are behind the bar for more than one month; that further investigation and trial will take time, therefore, benefit of bail may be granted to the petitioners.

Per contra, learned Public Prosecutor has opposed the bail application and stated that antecedents of the accused-petitioners may be called for.

In reply, learned counsel for the petitioners appearing through video calling stated at Bar, that no other case is pending against the petitioners.

Having regard to the facts and circumstances of the case, particularly looking to the fact that recovered quantity is below commercial quantity; no other case is pending against the accused-petitioners; further investigation and trial will take 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 petitioners deserve to be accepted.

Consequently, the bail applications are allowed. It is ordered that the accused-petitioners (1) Roshan Lal S/o Sh. Mangi Lal and (2) Shankar Lal S/o Sh. Chand Mal arrested in connection with F.I.R. No.198/2020, Police Station Kotwali Sirohi, District Sirohi, shall be released on bail provided each of them furnish a personal bond of Rs.1,00,000/- (Rupees One Lakh) and two sound and solvent sureties of Rs.50,000/- (Rupess Fifty Thousand) each to the satisfaction of the learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.