Mahendra vs State Of Rajasthan

Kuldeep Mathur, J

None present for the petitioner. Lawyers are not physically appearing in the Court. However, in the interest of justice, the matter was taken up.

The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.309/2020, registered at Police Station Kotwali Nimbahera, District Chittorgarh for offences punishable under Section 8/15 of the N.D.P.S. Act.

Heard learned Public Prosecutor and perused the material available on record.

From the record of the case, it is apparent that co-accused Kundan Singh and Suresh Chandra have already been enlarged on bail by this Court vide orders dated 12.01.2022 and 23.01.2023 in S.B. Criminal Misc. 3rd Bail Application No.109/2022 and S.B. Criminal Misc. Bail Application No.15102/2021 respectively.

The order dated 12.01.2022 passed by a Coordinate Bench for ready reference, is reproduced here-in-below:-

“Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

The present 3rd 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.309/2020, Police Station Nimbaheda, District Chittorgarh for the offence under Sections 8 & 15 of the NDPS Act. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

The second bail application of the petitioner was rejected on 19.08.2021 with liberty to file fresh bail application after the statement of Investigating Officer is recorded before the trial court.

Learned counsel for the petitioner submits that the statement of the Investigating Officer namely Phoolchand as PW-1 has been recorded before the trial court. He submits that in the testimony of PW-1, nothing has come on record which shows the connectivity of the present petitioner with the recovery of contraband in this case. He further submits that no call details have been found to be placed on record or stated to have been made between the petitioner and the principal accused from whom the alleged contraband was recovered. There is no credible evidence on record showing the connectivity of the present petitioner with the recovery of contraband in the present case. The petitioner is facing incarceration since 08.08.2020. There is no case of like nature pending or decided against the present petitioner. The conclusion of trial will take sufficient long time, therefore, he prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail.

Accordingly, this 3rd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner-Kundan Singh S/o Bhanwar Singh shall be released on bail in connection with FIR No.309/2020, Police Station Nimbaheda, 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: Fifty 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.”

In the considered opinion of the Court, the case of the petitioner is not worse than that of the above named co-accused. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused petitioner.

On the contrary, learned Public Prosecutor has vehemently opposed the bail application of the accused-petitioner.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Mahendra S/o Bhajna Ram Bishnoi arrested in connection with FIR No.309/2020, registered at Police Station Kotwali Nimbahera, District Chittorgarh shall be enlarged on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so, till completion of the trial.