Shubham vs State Of Rajasthan

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.146/2021 registered at Police Station Shambhupura, District Chittorgarh, for offences under Sections 8/15 and 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 the contraband (poppy husk/straw) weighing 65 Kgs and 600 Gms was recovered from the abovenamed swift desire (car) vehicle on 28.08.2021. Learned counsel submitted that as per prosecution bearing No.MP 04 CE 5355 the co-accused Jeevan and Rahul had fled away from the place of incident. Learned counsel further submitted that the co-accused persons namely Jeevan and Rahul have already been enlarged on bail by this Court vide orders dated 30.05.2023 and 19.05.2023. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the contraband was not recovered from the conscious possession of the present petitioner. This Court also finds that the co-accused persons namely Jeevan (S.B. Criminal Misc. Bail Application No.3261/2023) and Rahul S.B. Criminal Misc. Bail Application No.5024/2023) have already been enlarged on bail by this Court vide orders dated 30.05.2023 and 19.05.2023 respectively; the petitioner does not have any criminal antecedents; petitioner is in judicial custody since 27.12.2022 and till date out of 21 cited prosecution witnesses, only one witness has been examined till date.

Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Shubham S/o Gopal Patidar, arrested in connection with F.I.R. No.146/2021 registered at Police Station Shambhupura, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- 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 till completion of the trial.