Devi Lal vs State Of Rajasthan

Rameshwar Vyas, J

The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 100/2021 registered at Police Station Tibbi, District Hanumangarh for the offences under Sections 8/22 & 8/29 of N.D.P.S. Act.

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

Learned counsel for the petitioner submits that after completion of investigation, charge-sheet has already been filed under Sections 8/22 & 8/29 of the N.D.P.S. Act. There is no evidence against the present petitioner to connect him with the allged offence. He further submits that no recovery has been made from the petitioner. He has been involved in this case for supplying narcotic substance on the basis of statement of the co- accused. On the above ground, he prays that the petitioner may also be enlarged on bail.

On the other hand, though, learned Public Prosecutor has opposed the bail application but he is not in a position to refute the submissions made by learned counsel for the petitioner.

Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.

Consequently, present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Devi Lal S/o Prabhu Ram arrested in connection with F.I.R. No. 100/2021 registered at Police Station Tibbi, District Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds of Rs.50,000/- 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.