DEVI LAL Vs. STATE

JUDGEMENT

(1.) In the wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing.

(2.) Heard learned counsel for the petitioner appearing through video conferencing and the learned Public Prosecutor, present-in-person. Perused the material available on record.

(3.) In compliance of earlier order dtd. 24/1/2022, Mr. Chandu Lal, ASI, Police Station Tiddi, Udaipur, present in person along with learned Public Prosecutor. As per Investigating Officer, 620 fresh and green cannabis plants (Bhaang) were recovered in this case but inadvertently, in some of the places those plants were mentioned as Ganja. 5. The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.82/2021, Police Station Tiddi, District Udaipur, registered for the offence under Ss. 16/54 of the Excise Act. 6. Learned counsel for the petitioner stated that accused-petitioner has falsely been implicated in this case; that offence is triable by the Magistrate; that accused-petitioner is behind the bars since 25/8/2021; that further investigation and trial will take sufficiently long time, therefore, benefit of bail may be granted to the accused-petitioner. 7. On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner but does not controvert this fact that as per prosecution, 620 fresh and green cannabis plants (Bhaang) were recovered in this case. Learned Public Prosecutor has further requested for antecedent. 7. In reply, learned counsel for the petitioner stated at bar that no other case is pending against the accused-petitioner. 9. Having regard to the facts and circumstances of the case, particularly to the fact that offence is triable by Magistrate; accused-petitioner is behind the bars since 25/8/2021 and further investigation and trial will take sufficiently long 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 petitioner deserves to be accepted. 10. Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Devi Lai @ Deva @ Devji S/o Shri Kala Ji, arrested in connection with F.I.R. No.82/2021, Police Station Tiddi, District Udaipur shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000.00 (Rupees Fifty Thousand) and two sureties of Rs.25,000.00 (Rupees Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.