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Judgment
6 paragraphs · 260 wordsManoj Kumar Garg, J
The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.253/2021 Police Station Merta City, District Nagaur for the offence punishable under Sections 8/15 and 8/29 of NDPS Act. The first bail application was dismissed as not pressed by this Court vide order dated 03.11.2022.
Counsel for the petitioner submits that similarly situated co-accused have been granted bail by this Court and the case of present petitioner is not distinguishable from that of the co-accused. The accused-petitioner is in judicial custody 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-petitioners.
Learned Public Prosecutor vehemently opposed the bail applications.
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 Sec.439 Cr.P.C. are allowed and it is directed that petitioner Vivek @ Nandu S/o Divraj, shall be released on bail in connection with FIR No.253/2021 of Police Station Merta City, District Nagaur provided he executes personal bond in a sum of Rs.1,00,000/- with two sound and solvent surety of Rs.50,000/- 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.