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Judgment
8 paragraphs · 343 wordsKuldeep Mathur, J
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.333/2021 registered at Police Station Gulabpura, District Bhilwara, for offence under Section 8/29 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that he has been falsely implicated in the present case. Learned counsel submitted that he is neither registered owner of the vehicle (Scorpio bearing registration No.RJ14-UC-6925) said to be used for transporting the contraband (poppy husk/straw) nor was he found using the same at the time when it was intercepted by the police authorities. Learned counsel submitted that this is a case of over-implication and in view of the fact that there is no evidence linking the present petitioner with the alleged offence, he deserves to be enlarged on bail. Lastly, he submitted that in view of the present facts and circumstances of the case, the rigours of Section 37 of the NDPS Act are not attracted.
Learned counsel thus implored the Court to accept the bail application.
Per contra, learned Public Prosecutor opposed the bail application.
Heard. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this Court is of the view that the embargo contained in Section 37 of the NDPS Act is not applicable and thus, the petitioner deserves to be enlarged on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Ravindra @ Ravi @ Ruftar S/o Mangilal Vishnoi shall be enlarged on bail in connection with FIR No.333/2021 registered at Police Station Gulabpura, District Bhilwara, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.