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Judgment
7 paragraphs · 390 wordsVinit Kumar Mathur, J
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.31/2019, Police Station Bengu, District Chittorgarh for the offence under Section 8/29 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 charge sheet in the case has been filed and there is no recovery of contraband from the present petitioner. He further submits that co-accused Shiv Prakash has been enlarged on bail by a Coordinate Bench of this Court vide order dated 02.12.2023. Co-accused Ram Lal from whom the recovery has been made has also been enlarged on bail vide order dated 24.11.2021 and the case of the present petitioner is not distinguishable from the case of the other co-accused persons, who has been enlarged on bail. He also submits that there is no case of similar nature pending or decided against the present petitioner. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may also 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 person who has 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 persons aforesaid who have been enlarged on bail, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner- Mangilal S/o Hazari Gurjar shall be released on bail in connection with F.I.R. No.31/2019, Police Station Bengu, 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.