Mohamed Munaf vs State, Through Pp

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.6/2020, Police Station Suratgarh, District Sri Ganganagar for the offences under Sections 8/15, 29 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

It is submitted by learned counsel for the petitioner that the contraband recovered is below commercial quantity. There is no case of like nature pending/decided against the present petitioner. The co-accused Bablu Khan has already been enlarged on bail by this Court vide order dated 22/01/2020. The case of the present petitioner is not distinguishable from the co-accused who has already been enlarged on bail, therefore, it is prayed that the petitioner may be enlarged on bail.

The learned Public Prosecutor opposes 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 coaccused aforesaid who has 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.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Mohamed Munaf S/o Sh. Shahid Khan arrested in connection with F.I.R. No.6/2020, Police Station Suratgarh, District Sri Ganganagar, shall be released on bail; provided he/they furnishes a personal bond 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 court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.