Dinesh vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.97/2020, Police Station Bilara, District Jodhpur, for the offences punishable under Section 8/15 of N.D.P.S. Act & Section 3/25 of Arms Act.

Learned counsel for the petitioner submits that similarly situated co-accused Shrawan Ram has already been granted bail by the Coordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of the co-accused. Counsel further submits that no call details has been found from the petitioner. He was implicated with the aid of Section 29 of N.D.P.S. Act and no other criminal case has been registered against him. The petitioner is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-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 bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Dinesh S/o Shri Sohan Lal shall be enlarged on bail in F.I.R. No.97/2020, Police Station Bilara, District Jodhpur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.