Dilip Chouhan vs State Of Rajasthan

Accused-applicant has laid this third bail application under Section 439 Cr.P.C. arising out of FIR No.130/2017, registered at Police Station Rayla, District Bhilwara. After investigation, charges for offence punishable under Section 8 read with Sections 15 & 25 of the NDPS Act were slapped against the applicant.

Initially, applicant filed bail application bearing No.10353/2017 but the same was dismissed as not pressed with liberty to renew the prayer afresh after submission of charge-sheet. Yet again, the applicant made endeavor for seeking bail by invoking default clause under sub-section (2) of Section 167 Cr.P.C. but his that effort also proved abortive and the second bail application was rejected on 29.05.2018.

Arguing on this third bail application, it is contended by learned counsel for the applicant, Mr. Charan, that there is substantial change in the circumstances. It is argued by learned counsel that although applicant is in custody since 24.08.2017 but so far there is no material progress in the trial inasmuch only four witnesses out of eighteen prosecution witnesses, have been examined. Learned counsel further submits that total recovery of contraband Poppy Straw was 64 kg. from two incumbents accused persons, i.e., applicant and one Subhash Khandelwal and if the contraband is divided into two parts, then, the total quantity of contraband to the share of each accused person comes to 32kg. only, which is less than commercial quantity. It is also submitted by learned counsel that Coordinate Bench, in the event of recovery from two or more incumbents, has considered this argument for taking a benevolent view in the matter of grant of bail. Learned counsel further contends that there is no other criminal antecedents of applicant showing his involvement in any offence under NDPS Act.

Per contra, learned Public Prosecutor has vehemently opposed this third bail application of the applicant. Learned Public Prosecutor contends that recovery of 64kg. contraband Poppy Straw is sufficient to conclude that quantity of the contraband was above commercial quantity, and therefore, embargo for grant of bail under Section 37 of the NDPS Act is clearly attracted.

Having regard to the facts and circumstances of the case and taking into account the arguments advanced at Bar by learned counsel for the applicant, while refraining to make any comment on merits of the case, I feel persuaded to accept this third bail application.

Accordingly, this third bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Dilip Chouhan S/o Malhar Rao, arrested in connection with F.I.R. 130/2017 of Police Station Rayla, District Bhilwara, may be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each including one local surety to the satisfaction of 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.