Azij Alias Ajju vs State Of Rajasthan

Vinit Kumar Mathur, J

The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.136/2019, Police Station Fatehnagar, District Udaipur for the offence punishable under Section 8/15 of the NDPS Act.

The second bail application of the petitioner was dismissed on 05.01.2022 by this Court.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner, the statement of Investigating Officer- Chandrashekhar (PW-5) has been recorded before the learned trial Court. Learned counsel further submits that except the statement of co-accused Labhchand against the petitioner, there is no other evidence on record to show any connectivity with the recovery of the contraband in the present case. He further submits that the co-accused Labhchand Dhakad has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 08.06.2020. Learned counsel submits that the petitioner has suffered incarceration for more than three years and trial has yet not been concluded so far. Therefore, he prays that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes the bail application.

I have considered the submissions made at the Bar and gone through the impugned order as well as relevant record of the case.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that except the statement of co-accused Labhchand, there is no other evidence on record to show the connectivity of the petitioner with the recovery of the contraband in the present case. Since co-accused Labhchand Dhakad has already been enlarged on bail by the co-ordinate Bench of this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

Accordingly, the present 3rd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the accused-petitioner Azij alias Ajju S/o Shri Sharif Khan arrested in connection with FIR No.136/2019, Police Station Fatehnagar, District Udaipur, 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.