Babu Lal @ Babblu vs State Of Rajasthan

Vijay Bishnoi, J

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.148/2019 of Police Station Balotra, District Barmer for the offences punishable under Sections 8/18/25/29 NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the first and second bail applications of the petitioner were rejected by this Court as not pressed while granting him liberty to file fresh bail application before the trial court after recording of statements of Investigating Officer. It is argued that after rejection of the second bail application of the petitioner, co-accused Jagannath, from whom narcotic contraband opium weighing 4 kgs. was recovered, has already been enlarged on bail by a Coordinate Bench of this Court on 13.08.2021. It is submitted that the allegation against the petitioner is to the effect that he had supplied the said narcotic contraband to co-accused Jagannath and the police have filed charge-sheet against him under Section 8/29 of NDPS Act. It is argued that since the principal accused Jagannath, from whom narcotic contraband opium weighing 4 kgs. was recovered, has already been enlarged on bail by a Coordinate Bench of this Court, the petitioner is also entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application and submitted that till date, the statement of Investigating Officer has not been recorded before the trial court, hence, the petitioner is not entitled to be enlarged on bail.

Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that co-accused Jagannath, from whom narcotic contraband opium weighing 4 kgs. was recovered, has already been enlarged on bail by a Coordinate Bench of this Court, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Babu Lal @ Babblu S/o Shri Ramchander Balai shall be released on bail in connection with FIR No.148/2019 of Police Station Balotra, District Barmer provided he executes a personal bond in a 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.