Madan Lal vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.55/2009, Police Station Bhadsoda, District Chittorgarh for the offences under Section 8/15 of NDPS Act.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

Learned counsel for the petitioner submits that the co-accused Ganga Ram @ Kheta Ram from whom the contraband recovered has been enlarged on bail by this Court vide order dated 09.02.2010. He further submits that the co-accused Kishna Ram Bishnoi who is said to have run away from the place of incident has also been enlarged on bail by this Court vide order dated 11.07.2013. Further a person who named the present petitioner Bhola Ram has also been granted bail by this Court vide order dated 16.05.2013. Learned counsel for the petitioner submits that all those principal accused persons have been enlarged on bail from whom the recovery from the spot has been made. He further submits that the case of the present petitioner is not distinguishable from the case of the co-accused who have already been released on bail by this Court. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Madan Lal S/o Prabhu Lal Patidar shall be released on bail in connection with F.I.R. No.55/2009, Police Station Bhadsoda, District Chittorgarh provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Twenty Five Thousand Only) 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.