Manoj Kumar vs State Of Rajasthan

Vinit Kumar Mathur, J

The present third 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.14/2020, Police Station N.C.B. Jodhpur, for the offences under Sections 8/18, 8/25 & 8/29 N.D.P.S. 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 after the rejection of the second bail application of the petitioner on 12.02.2021, the co-accused Shanti Lal has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 14.06.2022. He submits that the case of the petitioner stands on a better footing than the co-accused Shanti Lal. He further submits that neither the contraband was recovered from the possession of the petitioner, nor the petitioner was present at the time of recovery of the contraband in this case. He, therefore, prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. 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 petitioner under Section 439 Cr.P.C.

Accordingly, the present third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Manoj Kumar S/o Sh. Jeetmal Dhakad shall be released on bail in connection with F.I.R. No.14/2020, Police Station N.C.B. Jodhpur 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.