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Judgment
5 paragraphs · 270 wordsManoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No.108/2020 of Police Station Mandalgarh, District Bhilwara, for the offence punishable under Section 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that similarly situated co-accused Bablu Bairwa has already been enlarged on bail by the co-ordinate Bench of this Court and the case of present petitioner is similar to that of co-accused. Counsel further submits that no call detail regarding present petitioner is available on record to connect him with the alleged crime. The accused-petitioner is in judicial custody since 02.09.2021 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, 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 Vimal Kumar Bairva S/o Bhanwar Lal Bairva, shall be released on bail in connection with FIR No.108/2020 of Police Station Mandalgarh, 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.