Ravindra Kumar vs State Of Rajasthan

Vinit Kumar Mathur, J

The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.199/2019, Police Station Tibbi, District Hanumangarh for the offence under Sections 8/22 & 29 of NDPS Act.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submits that after the rejection of the first bail application of the petitioner on 02.03.2020, the statement of P.W. 2 Bishan Sahay, who is the investigating officer, has been recorded before the trial court. In his statement, he has stated that the contraband tablets have not been recovered from the present petitioner although, the same has been delivered by the petitioner to Amandeep. However, except this statement, there is no evidence on record to show the fact that the contraband tablets were actually delivered by the petitioner to Amandeep. He has further stated that those tablets were bought from Mukhram by the present petitioner. However, Mukhram has not been charge-sheeted. Therefore he prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor opposes the bail application. 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 present second bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Ravindra Kumar @ Bindu S/o Madan Lal arrested in connection with F.I.R. No.199/2019, Police Station Tibbi, District Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac 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.