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Judgment
7 paragraphs · 359 wordsRameshwar Vyas, J
The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 573/2021 registered at Police Station Hanumangarh Junction, District Hanumangarh, for offences punishable under Sections 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the petitioner submits that as per prosecution story, 3.500 kilogram Opium was recovered from Akram. Allegation against the petitioner is that he supplied the alleged narcotic substance to Akram, which was to be further supplied to Amin. Petitioner has been connected with the offence on the basis of information given by co-accused Akram. There is no other connecting evidence against the petitioner. Co-accused Amin has already been enlarged on bail. After completion of investigation, charge-sheet has already been filed against the petitioner under Section 8/18 and 29 of NDPS Act. The petitioner is behind the bars since 26.12.2021 and trial may take sufficient long time to conclude. In the above circumstances, learned counsel for the petitioner prays to grant bail application.
On the other hand, learned Public Prosecutor has opposed the bail application.
Having regard to the rival submission made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly looking to the nature of evidence available against the petitioner, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail under Section 439 Cr.P.C.
Accordingly, this bail application under Section 439 Cr.P.C. is allowed. It is ordered that the petitioner Shivpratap @ Shiv Lal S/o Babu Lal, who is in custody in connection with FIR No. 573/2021 registered at Police Station Hanumangarh Junction, District Hanumangarh, shall be released on bail provided he shall execute personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with two sound & solvent sureties of Rs.25,000/- each, to the satisfaction of learned trial court for his appearance before that court on each & every date of hearing and whenever called upon to do so.