Govind Singh vs State Of Rajasthan

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing this fifth application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1

FIR Number

25/2020

2

Concerned Police Station

Karada

3

District

Jalore

4

Offences alleged in the FIR

Under Section 8/18 and 8/25 of the NDPS Act

5

Offences added, if any

-

It is contended on behalf of the accused-petitioner that there is no material to connect the petitioner with the alleged offence. The co-accused Jitendra, who was also carrying the alleged narcotic substance and who happens to be the owner of the vehicle, has been released on bail. The embargo contained under Section 37 of NDPS Act is not attracted in this case. No case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

I have considered the submissions made by both the parties and have perused the material available on record. The co-accused Jitendra, who was also carrying the alleged contraband and who happens to be the owner of the vehicle also, has been released on bail by a co-ordinate Bench vide order dated 04.07.2023 and the case of the petitioner is not distinguishable from him in any manner. Otherwise also, he has behind the bars for last more than three and half years and the trial is not a seeming fate in near future. The embargo contained under Section 37 of NDPS Act is not attracted in this case. Thus, considering the over all facts and circumstances of the case and on the ground of parity, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter.

Accordingly, the instant bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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.