Bhearulal vs State

Vinit Kumar Mathur, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.16/2018, Police Station Asop, District Jodhpur, for the offences under Section 8/15 of NDPS Act.

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

Counsel for the petitioner submits that the charge-sheet in the case has been filed. He further submits that the recovery of the contraband is not from

the possession of the present petitioner. The petitioner has been implicated in the present case only on the statement of the co-accused Dinesh @

Dina Ram and Bhopal. He further submits that there are no call details of the present petitioner with the co-accused Bhopal and Dinesh @ Dina. The

conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application. 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 accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Bhearulal S/o Sh. Chunnilal shall be

released on bail in connection with FIR No. 16/2018, Police Station Asop, District Jodhpur, provided he executes a personal bond in a sum of

Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/-(Rupees: Fifty Thousand Only) each to the satisfaction of

the 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.

However, it is made clear that after the enlargement on bail in this case, if the petitioner is found involved in any other criminal case, then no leniency

will be extended to the petitioner in future. Record of this condition and the antecedents of the petitioner will be maintained by the concerned Police

Station of the area where the petitioner resides. A copy of this order be sent to the local police station where the petitioner resides.

It is also ordered that the petitioner will mark his attendance in the local police station of the area of his permanent residence in every three months.