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Judgment
19 paragraphs · 655 wordsManoj Kumar Garg, J
Misc. 2 nd Bail Applications No.10190/2023 and 3966/2023
Learned counsel for the petitioners do not want to press the present second bail applications.
Accordingly, the present second bail applications stand dismissed as not pressed.
Bail Application No. 4552/2023
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.43/2021 registered at Police Station Hindumalkot, District Sriganganagar registered for the offences punishable under Sections 8/21 & 29 of the NDPS Act and Sections 307, 34 & 120-B of IPC and Section 27 of Arms Act.
Learned counsel for the petitioner submits that there is only an allegation of recording the video and sending it to other accused persons. No recovery was made from the possession of the petitioner and no call detail report is available on record. The petitioner is in judicial custody and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of bail.
I have considered the arguments advanced before me and gone through the material available on record.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, 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 Section 439 Cr.P.C. is allowed and it is directed that petitioner - Balvindra Singh @ Binder S/o Shri Gurdeep Singh shall be released on bail in connection with F.I.R. No.43/2021 registered at Police Station Hindumalkot, District Sriganganagar provided he executes a personal bond in a sum of Rs.2,00,000/- with two 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.
2nd Bail Application No. 5849/2023
The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.43/2021 registered at Police Station Hindumalkot, District Sriganganagar registered for the offences punishable under Sections 8/21 & 29 of the NDPS Act and Sections 307, 34 & 120-B of IPC and Section 27 of Arms Act.
The first bail application was dismissed by this Court vide order dated 22.03.2022.
Learned counsel for the petitioner submits that there is only an allegation of recording the video and sending it to other accused persons. No recovery was made from the possession of the petitioner and no call detail report is available on record. The petitioner is in judicial custody and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer of bail.
I have considered the arguments advanced before me and gone through the material available on record.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Pawandeep Kaur W/o Deepak Singh shall be released on bail in connection with F.I.R. No.43/2021 registered at Police Station Hindumalkot, District Sriganganagar provided she executes a personal bond in a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.