Kadar Khan vs State Of Rajasthan

Rekha Borana, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.515/2021, registered at Police Station Nohar, District Hanumangarh, for the offence punishable under Section 8/22 of the NDPS Act.

Learned counsel for the petitioner submits that the petitioner is not the main accused in the FIR and has been falsely implicated in the case. Learned counsel further submits that the main accused Mandeep has already been granted benefit of bail by this Court vide order dated 29.11.2021 therefore, the accused-petitioner also deserves to be released on bail.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Heard learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances of the case, particularly the fact that the benefit of bail has already been granted to the main accused Mandeep, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Accordingly, the bail application preferred under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Kadar Khan S/o Shakurdeen arrested in connection with F.I.R. No.515/2021 registereed at Police Station Nohar, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 1,00,000/-(Rupees One Lac) and two sureties of Rs. 50,000/- (Rupees Fifty Thousand) each to the satisfaction of the 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.