Jitendra Kumar vs State Of Rajasthan

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing an 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

13/2018

2.

Concerned Police Station

Nimbahera Sadar

3.

District

Chittorgarh

4.

Offences alleged in the FIR

Sections 8/18, 25 of the NDPS Act

5.

Offences added, if any

6.

Date of passing of impugned order

21.12.2022

It is contended on behalf of the accused-petitioner that co-accused Jatindra and Baljinder Singh have already been enlarged on bail by co-ordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of co-accused persons, therefore, his bail application may be allowed. 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.

Have considered the submissions made by both the parties and have perused the material available on record. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. Needless to say, none of the observations made herein under shall affect the rights of either of the parties during trial and this Court refrains from commenting on the niceties of the 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.