Rameshwar Lal Regar vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No. 100/2020 of Police Station Bigod, District Bhilwara, for the offence punishable under Sections 8/25 of NDPS Act. He has preferred this fourth bail application under Section 439 Cr.P.C. Earlier bail application was dismissed as not pressed by this Court on 21.07.2022.

Learned counsel for the petitioner submits that the recovery was made from the possession of main accused Mukesh and only on the statement of main accused Mukesh, the petitioner was implicated in this case and charges have been framed against the petitioner only for offence under Sections 8/25 and 29 of NDPS Act. He further submits that the registered owner of the vehicle was Mangidevi, mother of the petitioner, and it has come on record that the present petitioner was merely power of attorney holder but the Investigating Officer, who has been examined in the Court and submits in his statement that he had not obtained any type of document in this regard. It is further submitted that upto this time only eight prosecution witnesses out of 26 witnesses were examined before the trial Court and there is no criminal antecedent against the present petitioner. The accused-petitioner is in judicial custody since 13.08.2020 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 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 fourth bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Rameshwar Lal Regar S/o Bholu Lal Regar, shall be released on bail in connection with FIR No.100/2020 of Police Station Bigod, District Bhilwara, 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.