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Judgment
9 paragraphs · 388 wordsVinit Kumar Mathur, J
The present 3rd bail application has been filed under Section
439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.119/2021, Police Station Sameja Kothi, District Sri Ganganangar for the offence under Sections 08/22, 25 & 29 of NDPS Act.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.
Learned counsel for the petitioner submits that after rejection of the 2nd bail application of the petitioner on 19.05.2022, the statement of Narayan Ram has been recorded before the trial Court as PW-2. He submits that there is no recovery of contraband drugs from the present petitioner and except the information of co-accused under Section 27 of the Evidence Act, there is no other material on record to connect the petitioner with the recovery of the contraband drugs in the present case. He further submits that even as per the statement of PW-2, the factum of the recovery of the contraband drugs is not established.
Learned counsel for the petitioner also submits that there are no call details of the present petitioner with the persons from whom the contraband drugs had been recovered. Learned counsel submits that the present petitioner was only working as an employee in the shop which actually belongs to Narayan Ram. He, therefore, prays that the petitioner may be enlarged on bail.
Learned Public Prosecutor opposes the bail application.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the petitioner is entitled for the grant of bail under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner-Somjilal S/o Sh. Punjaram Meghwal shall be released on bail in connection with F.I.R. No.119/2021, Police Station Sameja Kothi, District Sri Ganganangar provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) each to the satisfaction of the 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.