Prahlad vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 94/2018 of Police Station Nimbahera Sadar, District Chittorgarh, for the offence punishable under Section 8/29 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C. Earlier the first bail application was dismissed as not pressed by this Court on 16.11.2022 with liberty to file afresh after recording the statement of Investigating Officer.

Learned counsel for the petitioner submits that now the Investigating Officer has been examined before the trial Court and no recovery was made from the possession of the petitioner, whereas the recovery was made from the co-accused and the present petitioner was impleaded in this case with the aid of Section 29 of the NDPS Act. Moreover, no call details are available on record so as to connect the present petitioner with the alleged offence. 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 vehemently 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 second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Prahlad S/o Banshi Lal Teli shall be released on bail in connection with FIR No.94/2018 of Police Station Nimbahera Sadar, District Chittorgarh, 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.