AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 341 wordsVijay Bishnoi, J
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.156/2019 of Police Station Sadar Nagaur, District Nagaur for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he along with co-accused Babu Nath was escorting the vehicle in which co-accused Dhannaram was transporting the huge quantity of narcotic contraband above commercial quantity. Learned counsel for the petitioner has submitted that the Coordinate Bench of this Court vide order dated 18.07.2022 has enlarged co-accused Babu Nath on bail after taking into consideration the statements of Investigating Officer. It is also submitted that the case of the petitioner is not distinguishable from that of co-accused Babu Nath, therefore, the petitioner is also entitled to be enlarged on bail.
Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that co-accused Babu Nath has already been enlarged on bail and the case of the petitioner is not distinguishable from that of co-accused.
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, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Rajendra Prasad S/o Budharam shall be released on bail in connection with FIR No.156/2019 of Police Station Sadar Nagaur, District Nagaur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-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.