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Judgment
8 paragraphs · 375 wordsVijay Bishnoi, J
Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.122/2020 of Police Station Karda, District Jalore for the offence(s) punishable under Section(s) 8/22, 25 and 29 of the NDPS Act. He/she/they has/have preferred this/these second bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per the prosecution story, 135 gms of narcotic contraband MDMA was recovered from co-accused
Harchand Ram and during the course of investigation, co-accused Harchand Ram has revealed that he has procured the recovered narcotic contranband MDMA from one Ramesh Kumar. It is further submitted that the police has concluded in the charge-sheet that co-accused Harchand Ram was supposed to deliver the said narcotic contraband MDMA to the petitioner. It is submitted that there is no evidence available on record to suggest that the petitioner asked co-accused Harchand Ram to deliver the said narcotic contraband to him. Learned counsel for the petitioner while inviting my attention towards the statement of IO namely Manish Soni (PW-2) has submitted that from a bare perusal of the above statement, it is clear that the prosecution has failed to prove any connection between the petitioner as well as co-accused Harchand Ram and Ramesh Kumar. It is submitted that co-accused Ramesh Kumar has already been enlarged on bail by a Co-ordinate Bench of this Court.
Learned Public Prosecutor has opposed the bail application(s).
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) – Ashok Kumar @ Ashok Singh S/o Bagji shall be released on bail in connection with FIR No.122/2020 of Police Station Karda, District Jalore provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/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.