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Judgment
6 paragraphs · 355 wordsPraveer Bhatnagar, J
The instant second bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.31/2020 registered at Police Station Vijaypur, District Chittorgarh for the offence(s) under Sections 8/15, 25, 29 of the N.D.P.S. Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He further submits that other co-accused Suresh Chandra S/o Lala Ram Jat has already been enlarged on bail vide order dated 28.03.2022 and the case of present petitioner is not distinguishable from the case of co-accused Suresh Chandra. He also submits that co-accused Suresh Chandra and present petitioner have been chargesheeted under Section 8/29 of the N.D.P.S. Act and recovery was made from the instance of main accused Megha. Accused-petitioner has been involved in the case on the instance of accused Megha. He further submits that accused-petitioner is in custody from last two years. The trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposes the grant of bail application.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and considering the fact that co-accused Suresh Chandra has already been enlarged on bail vide order dated 28.03.2022 and the case of the present petitioner is not distinguishable from the case of the co-accused Suresh Chandra, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Manoj @ Vinod S/o Magni Ram Jat in connection with FIR No.31/2020 registered at Police Station Vijaypur, District Chittorgarh shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with two sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.