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Judgment
7 paragraphs · 367 wordsRameshwar Vyas, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.36/2022 of Police Station Sadar, District Chittorgarh for the offences punishable under Sections 8/15, 8/25 & 8/29 of the NDPS Act.
Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.
Learned counsel for the applicant submits that at the time of dismissing the first bail application of the applicant as not pressed, liberty was granted to him to file fresh bail application after filing of the charge-sheet. It is submitted that after competition of investigation, charge-sheet has been filed against the applicant under Section 8/29 of the NDPS Act; no recovery has been made from possession of the applicant. As per prosecution case, recovery was made during search of vehicle from possession of Gopiram who stated before the police that he obtained the substance from one Kaluram; name of the present applicant has not been disclosed by Gopiram; applicant has falsely been implicated in this case; there is no criminal antecedent against him; the applicant is under custody since 18.05.2022 and trial will take sufficient long time to conclude, therefore, learned counsel for the applicant prays to allow the bail application.
Learned Public Prosecutor opposes the grant of bail application.
Having regard to the rival contentions of learned counsel for the parties and in the facts and circumstances of the case, without commenting on the merits, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed.
Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Dharmendra S/o Sh. Radheyshyam Patidar shall be released on bail in connection with FIR No.36/2022 of Police Station Sadar, District Chittorgarh 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 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.