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Judgment
19 paragraphs · 371 wordsLawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus
(COVID-19).
The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.19/2020, Police Station Javda, District Chittorgarh for the offences under Sections 8/15 and 8/25 of NDPS Act.
Heard learned counsel for the parties. Perused the material available on record.
Learned counsel for the petitioner submits that after the rejection of first bail application by this Court on 18.08.2020, charge-sheet in the case has
been filed. He further submits that the co-accused Pukhraj, Dharmaram and Sharwan have been enlarged on bail by this Court and the case of the
present petitioner is not distinguishable from the co-accused who have been enlarged on bail. He further submits that there is no case of like nature
pending or decided against the present petitioner. He, therefore, prays that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-
accused persons who have been enlarged on bail.
Having regard to the peculiar facts and circumstances of the case and the fact that case of the petitioner is identical to the co- accused who have
been enlarged on bail by this Court as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this
Court deems it just and proper to release the petitioner on bail.
Consequently, the present second bail application filed under Section 439 of Cr.P.C. are allowed. It is ordered that the accused- petitioner - Vishnu
Kumar S/o Shri Goverdhan Jangam arrested in connection with F.I.R. No. 19/2020, Police Station Javda, District Chittorgarh shall be released on bail
provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac Only) with two sureties of Rs.50,000/- (Rupees : Fifty Thousand Only) each
to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do
so.