Ramesh Kumar vs State Of Rajasthan

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.127/2018 of Police Station Rayla, Distt. Bhilwara for the offences punishable under Sections 8/20 and 8/25 of the NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, police seized a truck bearing registration No.UP-70-BT-7585 on 24.6.2018 wherein, 600 kgs of "Ganja" was being transported along with aluminium bars by co-accused Kishan Lal, who was driver of the said truck. It is submitted that the police have filed charge-sheet against the petitioner solely on the ground that he is the registered owner of the seized truck. It is further submitted that it is not in dispute that at the time of seizure of 600 kgs of "Ganja" from the said truck on 24.6.2018, the petitioner was not present there and he was in U.P. It is further submitted that the police did not collect any evidence, which suggests that the petitioner was having knowledge of the illegal transportation of "Ganja" by co-accused Kishan Lal, the driver of the seized truck. Learned counsel for the petitioner has further submitted that as a matter of fact, the petitioner was not aware that the driver was indulged in illegal transportation of "Ganza". It is submitted that after rejection of the first bail application preferred on behalf of the petitioner, charge-sheet has been filed and trial of the case is likely to take time.

Learned Public Prosecutor has 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, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Ramesh Kumar S/o Shri Satpal Patel shall be released on bail in connection with FIR No.127/2018 of Police Station Rayla, Distt. Bhilwara provided he executes a personal bond in the 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.