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Judgment
8 paragraphs · 360 wordsManoj Kumar Garg, J
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.27/2022 registered at Police Station Kanera, District Chittorgarh registered for the offence punishable under Sections 8/15 & 29 of NDPS Act, Sections 307 & 353 of IPC and Section 3/25 of Arms Act.
The first bail application was dismissed as not pressed by this Court vide order dated 06.09.2023 with liberty to file afresh after recording the statement of Investigating Officer.
Learned counsel for the petitioner submits that now Labhu Ram, Investigating Officer has been examined as PW.2 before the trial Court. Counsel submits that at the time of recovery petitioner was not present at the place of recovery and the petitioner 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. Counsel further submits that nothing specific is mentioned in the whatsapp call. 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 - Ramesh S/o Paburam @ Baburam shall be released on bail in connection with F.I.R. No.27/2022 registered at Police Station Kanera, District Chittorgarh 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.