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Judgment
7 paragraphs · 379 wordsVinit Kumar Mathur, J
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.54/2021, Police Station Gulabpura, District Bhilwara for the offences under Sections 8/15, 29, 25 of NDPS Act.
Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.
After rejection of the first bail application of the petitioner on 20.01.2022, the statement of Investigating Officer, PW2 Rajendra Tada has been recorded before the trial court. Learned counsel for the petitioner submits that PW2 in his statement has stated that in pursuance of the information supplied by the co-accused Anup under Section 27 of the Evidence Act on 17.02.2021, he has prepared the site plan EXP 9. Learned counsel also submits that the date which has been reflected in EXP 9 is 14.02.2021, therefore, the EXP 9 site plan could not be prepared on the basis of statement of the co-accused Anup given on 17.02.2021. Learned counsel for the petitioner submits that except the statement of co-accused Anup, there is no evidence on record which shows the connectivity of the petitioner in the offence alleged in the present case. Neither the recovery was affected from the possession of the present petitioner nor the petitioner was present at the place from where the contraband was recovered. He further submits that there is no case of like nature pending or decided against the present petitioner. He, therefore, prays that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail.
Having regard to the peculiar facts and circumstances of the case, this Court deems it just and proper to release the petitioner on bail.
Consequently, the second bail application is allowed. It is ordered that the accused-petitioner Ram Singh S/o Chagna Jat arrested in connection with F.I.R. No.54/2021, Police Station Gulabpura, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lakh Only) with two sureties of Rs.50,000/- (Rupees : Fifty Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.