High CourtsSingle Bench

Shera Ram @ Sher Singh vs State Of Rajasthan

Rajasthan High Court · Decided on 6 January 2021 · Citation: (2021) 01 RAJ CK 0029

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 8, 15, 29
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14395 Of 2020
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Judgment

17 paragraphs · 344 words

Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus

(COVID-19).

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.41/2020, Police Station Bagadi Nagar, District Pali for the offence under Sections 8/15 & 8/29 of NDPS Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that the charge- sheet in the case has been filed. He further submits that co- accused Prem S/o Oma Ram

has been enlarged on bail by the coordinate Bench of this Court vide order dated 03.12.2020. He submits that the case of the present petitioner stands

on a better footing than the case of the co-accused person who has been enlarged on bail. There is no recovery of contraband from the present

petitioner nor he was present at the place from where the recovery has been effected. The conclusion of trial will take sufficient long time, therefore,

it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation

of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Shera Ram @ Sher

Singh @ Sheru S/o Pokar Ram Khileri arrested in connection with F.I.R. No.41/2020, Police Station Bagadi Nagar, District Pali shall be released on

bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac Only) with two sureties of Rs.50,000/- (Rupees : Fifty Thousand Only)

each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to

do so.