AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 348 wordsManoj Kumar Garg, J
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.575/2022 registered at Police Station Sangaria, District Hanumangarh registered for the offence punishable under Section 8/21 read with Section 8/29 of NDPS Act.
The first bail application was dismissed as not pressed by this Court vide order dated 27.09.2023 with liberty to file afresh after recording the statement of Investigating Officer.
Learned counsel for the petitioner submits that similar situated co-accused person viz. Bhup Kumar @ Makhan, Mobin Ali @ Kakku & Mangat Ram @ Manga have already been enlarged on bail by this Court and case of the present petitioner is not distinguishable. No recovery has been made from the possession of the petitioner and he has been implicated in this case under the aid of Section 8/29 of the NDPS Act. The petitioner is in judicial custody since 03.02.2023 and the trial of the case will take sufficiently long time. With these submissions, it is 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 - Vinod Kumar @ Sandeep S/o Sahab Ram Bhakhar shall be released on bail in connection with F.I.R. No.575/2022 registered at Police Station Sangaria, District Hanumangarh 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.