Norat vs State Of Rajasthan

Kuldeep Mathur, J

The instant bail application has been filed by the petitioner under Section 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.161/2022 registered at Police Station Hanuman Nagar, District Bhilwara, for the offences under Section 8/29 of NDPS Act.

Learned counsel for the petitioner submitted that contraband was recovered from co-accused-Vimal Giri Goswami and Dharu Ram Dhayal who have already been enlarged on bail by the trial Court under Section 167 (2) Cr.P.C. Learned counsel for the petitioner submitted that co-accused-Sarat Chandra S/o Anant Halba has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 21.04.2023 in S.B. Criminal Misc. II Bail Application No.4352/2023 and the case of present petitioner is not distinguishable with that of the co-accused. Learned counsel for the petition submitted that the petitioner was implicated in this case under the aid of Section 8/29 of the NDPS Act and no other criminal case is registered against the petitioner. He further submitted that the accused-petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude.

Therefore, the benefit of bail should be granted to the accused- petitioner. For ready reference order dated   21.04.2023 is reproduced hereinbelow:-

“The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.161/2022, Police Station Hanuman Nagar, District Bhilwara registered for the offence punishable under Section 8/29 of NDPS Act.

The first bail application was dismissed as not pressed by this Court vide order dated 02.01.2023.

Learned counsel for the petitioner submits that the recovery of contraband was made from co-accused Dharu Ram Dhayal and Vimal Giri Goswami and both of these co-accused have already been enlarged on bail by the trial Court under Section 167(2) Cr.P.C. Counsel further submits that the petitioner was implicated in this case under the aid of Section 8/29 of the NDPS Act and no other criminal case is registered against the petitioner.

The petitioner is in judicial custody and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the prayer of bail. I have considered the arguments advanced before me and gone through the material available on record.

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 second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Sarat Chandra S/o Anant Halba, shall be released on bail in connection with F.I.R. No.161/2022, Police Station Hanuman Nagar, District Bhilwara provided he executes a personal bond in a 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.”

Per contra, learned Public Prosecutor has opposed the bail application.

Heard. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Norat S/o Shri Bardu Suthar shall be enlarged on bail in connection with FIR No.161/2022 registered at Police Station Hanuman Nagar, District Bhilwara, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.