Sita Ram vs State of Rajsthan

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

FIR No.236/2018, Police Station Gharsana, District Sriganganagar, registered for the offences under Sections 8/21, 25 & 29 of the NDPS Act, on the

ground of illness of petitioner's wife.

Learned counsel appearing for the petitioner through video conferencing stated that the present interim bail has been filed by the accused-petitioner

seeking interim bail for a period of two months on the ground of petitioner's wife. Learned counsel further stated that the benefit of bail has already

been granted by the coordinate Bench of this Court to the co-accused persons, namely, Ravi Gehlot, Radheyshyam & Girdhari Lal, web-copy of order

is available on record.

Per contra, learned Public Prosecutor opposed the interim bail application of the accused-petitioner and placed factual report for perusal of the Court

and as per that report, petitioner's wife is ill and operation is required. Learned Public Prosecutor stated that if this Court is inclined to indulge in the

matter then, in that case, condition regarding furnishing of heavy bail bonds and surety bonds may be imposed, as in this case, total 18,000 tablets were

recovered.

Heard and considered the arguments advanced by the learned counsel appearing for the petitioner through video conferencing and learned Public

Prosecutor, present-in-person. Perused the material available on record.

Having regard to the facts and circumstances of the case, particularly to the facts that the benefit of bail has already been granted by the coordinate

Bench of this Court to the accused persons, namely, Ravi Gehlot S/o Prem Ratan Gehlot (Bail Application No. 8012/2020), Radheyshyam S/o Bhup

Ram (Bail Application No. 5865/2020) and Girdhari Lal S/o Hans Raj (Bail Application No. 5867/2020), vide common order dated 17.12.2020; that as

per the factual report, petitioner's wife is ill and operation is required, this Court is of the opinion that the interim bail application filed by the petitioner

deserves to be accepted.

Consequently, the interim bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that instead of two months, the accused-petitioner,

Sita Ram S/o late Shri Natthu Ram, arrested in connection with FIR No.236/2018, Police Station Gharsana, District Sriganganagar, shall be released

on interim bail for a period of one month from the date of his actual release; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One lac

only) and two sound and solvent surety bonds of Rs.50,000/- (Rupees Fifty thousand only) [one surety shall be of family member] each to the

satisfaction of the Jail Superintendent, Sriganganagar. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and

conditions for ensuring surrender of the accused-petitioner in prison, after expiry of the period of one month granted under this interim bail application.