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[2025:RJ-JD:1584] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 363/2025 Mukesh Salvi S/o Devilal Salvi, Aged About 25 Years, R/o Mitharamji Ka Khera, Pratapnagar, Dist. Chittorgarh,raj. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ashok Khilery For Respondent(s) : Mr. Surendra Bishnoi, AGA HON'BLE MR. JUSTICE FARJAND ALI
Order 09/01/2025
1. At the threshold, learned counsel for the petitioner prays for withdrawal of the instant anticipatory bail application, however, he seeks benevolence of this Court for issuance of certain directions to the learned trial court regarding expedite hearing and deciding of the bail application filed under Section 439 of the Cr.P.C. as well as giving protection to the petitioner from his arrest till surrender.
2. Accordingly, the instant anticipatory bail application is
disposed of with a direction to the petitioner to appear before the learned Special Judge, NDPS Act Cases, District Bhilwara on or before 17.02.2025 and to move a regular bail application under Section 439 of the Cr.P.C.
3. Upon appearance of the petitioner and moving a bail application, it is expected from the learned trial court to take into account the fact that the petitioner has been made
[2025:RJ-JD:1584] (2 of 2) [CRLMB-363/2025] accused solely on the basis of the statement of co-accused, who has been granted bail by this Court. The legal situation shall also be taken into account that the powers of the High Court and the Court of Sessions under Section 439 of the Cr.P.C. are concurrent. The bail application filed on behalf of the petitioner shall be decided on the very same day in accordance with law. While deciding the bail application, the learned trial court shall follow the principles of law enunciated by Hon'ble Supreme Court in the case of Bishwajit Dey v. The State of Assam [2025 LiveLaw (SC) 30] so also take into consideration the judgment passed by a Coordinate Bench of this Court in the case of Khet Singh and Ors. vs. State of Rajasthan (S.B. Criminal
Miscellaneous
Bail
Application
No. 861/2021).
4. Till 17.02.2025, the petitioner shall not be arrested in connection with the FIR No.283/2023 registered at Police Station Sadar, District Bhilwara.
(FARJAND ALI),J 381-Pramod/-