Poonamchand vs State Of Rajasthan

Manoj Kumar Garg, J

The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.419/2022, Police Station Sangria, District Hanumangarh for the offence punishable under Sections 8/18 and 29 of the N.D.P.S. Act.

Learned counsel for the petitioner submits that recovery of the contraband has not been made from the possession of present petitioner and he has been implicated in this case only on the basis of the statement of the co-accused with the aid of Section 29 of the NDPS Act. The co-accused viz., Om Prakash, Vedprakash & Kamla have already been granted bail by this Court and the case of the present petitioner is not distinguishable from that of the co-accused. There are no criminal antecedents against the present petitioner and the challan of the case has already been presented. The petitioner is in the judicial custody and trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the 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 bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner, Poonamchand S/o Shri Tikuram Sharma shall be enlarged on bail in F.I.R. No.419/2022, Police Station Sangria, District Hanumangarh 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 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.