Bhagwati Lal vs State Of Rajasthan

Manoj Kumar Garg, J

The present third bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.113/2020 registered at Police Station Mandafia, District Chittorgarh for the offence punishable under Sections 8/15 and 8/29 of the N.D.P.S. Act.

The second bail application was dismissed by this Court vide order dated 10.07.2023.

Learned counsel for the petitioner submits that till now only three prosecution witnesses i.e., PW.1 to PW.3 have been examined before the trial Court and similar situated co-accused Shanti Bai has already been granted bail by a co-ordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of the co-accused. Counsel further submits that there are no criminal antecedents against the petitioner and the challan of the case has already been presented. The petitioner is in the judicial custody since 23.09.2020 and trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the petitioner.

Learned Public Prosecutor has opposed the bail application.

I have considered the arguments advanced before me and gone through the material available on record.

Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

Accordingly, the third bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Bhagwati Lal S/o Rodi Lal, shall be enlarged on bail in F.I.R. No.113/2020 registered at Police Station Mandafia, District Chittorgarh provided he furnishes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.