Shantilal @ Tonu vs State

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.15/2019 of Police Station Hamirgarh, District Bhilwara, for the offence punishable under Sections 8/15 & 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that recovery of contraband was made from the possession of the co-accused Vijay Sou and no recovery was made from the possession of the present petitioner. During police investigation, the main accused Vijay Sou named the co-accused Mohan Lal @ Shambhu Lal from whom he purchased the contraband. When co-accused Mohan Lal @ Shambhu Lal was arrested, he named the present petitioner and stated that he purchased the contraband from the present petitioner. Counsel further submits that except the information given by the co-accused, there is no other connecting evidence against the petitioner and no call detail of the petitioner has been found in the challan papers. Moreover, Mohan Lal @ Shambhu Lal has been granted bail by this Court and the case of the present petitioner is similar to that of co-accused. Challan of the case was presented against the petitioner under Section 8/29 of NDPS Act. The accused-petitioner is in judicial custody 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, that co-accused Mohan Lal @ Shambhu Lal has already been granted bail by this Court and the case of present petitioner is similar, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Shantilal @ Tonu S/o Sureshchandra Sharma, shall be released on bail in connection with FIR No.15/2019 of Police Station Hamirgarh, 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.