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Judgment
8 paragraphs · 331 wordsManoj Kumar Garg, J
The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.174/2021 Police Station Basani, District Jodhpur for the offences punishable under Section 8/15 of the NDPS Act.
The first bail application was dismissed by this Court vide order dated 17.10.2023 as not pressed with liberty to file a fresh bail application after filing of the challan.
Learned counsel for the petitioner submits that recovery of contraband was made from the possession of main accused Durag Singh @ Raju Singh and other co-accused Narpat Singh and Meh Ram @ Mehra Ram along with Durag Singh have been granted bail by Co-ordinate Bench of this Court on 23.05.2023. Counsel further submitted that no recovery was made from the possession of present petitioner and he has been implicated only on the statement of co-accused Durag Singh. Challan of the case has been presented and no investigation is pending. The accused-petitioner is in the judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
I have considered the arguments advanced before me and gone through the material available on record.
Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Mohammed Harun S/o Mohammed, shall be enlarged on bail in FIR No. 174/2021 Police Station Basani, District Jodhpur provided he furnishes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of 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.