Kanwarlal And Others vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The petitioners have been arrested in connection with FIR No.29/2021 of Police Station Hathuniya, District Pratapgarh, for the offence punishable under Sections 8/15, 29, 25 (Bail Application No. 10632/2022) and Sections 8/15, 8/29 (Bail Application No. 2543/2022) of NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.

Learned counsels for the petitioners submit that similarly situated co-accused Niranjan, Mahesh and Nirbhaya Ram have already been enlarged on bail by this Court and the case of present petitioners is similar to those co-accused. Counsel further submits that no recovery was made from the possession of the present petitioners. Both the petitioners were implicated with the aid of Section 29 of NDPS Act. Challan of the case has already been presented and no investigation is pending. The accused-petitioners are behind the bar and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners.

Learned Public Prosecutor opposed the bail applications. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, the bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners (1) Kanwarlal S/o Shri Punamchand & (2) Laxminarayan S/o Sh. Poonamchand, shall be released on bail in connection with FIR No.29/2021 of Police Station Hathuniya, District Pratapgarh, provided they execute personal bond in a sum of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.