Nitesh vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.433/2022 of Police Station Nokha, Distt. Bikaner for the offence punishable under Sections 8/18 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. Counsel for the petitioner submits that the recovered contraband is below commercial quantity and similarly situated co-accused Manoj Kumar has already been granted bail and the case of present petitioner is not distinguishable from that of co-accused. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Nitesh S/o Bhanwar Lal shall be released on bail in connection with FIR No.433/2022 of Police Station Nokha, Distt. Bikaner provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent 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.