The court's decision was influenced by the lack of evidence linking the accused-petitioners to the recovered articles and the alleged false implication in the case.

JUDGMENT

1. 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. 493/2021 registered at Police Station Rawatsar, District Hanumangarh for the offences under Sections 8/15 & 25 of the N.D.P.S. Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submits that at the time of dismissing first bail application of the petitioner by this Court vide Order dated 25.01.2022, liberty was granted to the petitioner to file fresh bail application after recording the statements of the Seizing Officer and Investigation Officer. Afterwards, prosecution has got recorded statements of total three witnesses before the trial court including Seizing Officer as P.W. 2 Harbansh Lal and Investigation Officer as P.W. 3 Indra Kumar. He further submits that a perusal of the statements of P.W. 2 & P.W. 3 shows that prosecution has failed to relate recovered articles to be in the possession of the present petitioner. The present petitioner was not found on the spot at the time of recovery. The recovery was made from the Dhani of Chandra Prakash in the night. He further submits that for the same incident, two F.I.Rs. have been lodged against the petitioner on false material. The petitioner has falsely been implicated in this case without any evidence. The petitioner is behind the bars since 03.10.2021. The trial of the case will take sufficient time to complete. On the above grounds, he prays that the petitioner may be enlarged on bail.

4. Learned Public Prosecutor has opposed the bail application. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.

5. Consequently, present second bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Ved Prakash S/o Jasram arrested in connection with F.I.R. No. 493/2021 registered at Police Station Rawatsar, District Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds of Rs.50,000/- 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.

6. S. B. Criminal Misc. 2nd Bail Application No. 6855/2022 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. 493/2021 registered at Police Station Rawatsar, District Hanumangarh for the offences under Sections 8/15 & 29 of the N.D.P.S. Act.

7. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

8. Learned counsel for the petitioner submits that the petitioner has been implicated as accused in this case on the basis of statement of the co-accused Praveen Kumar, who has already been enlarged on bail. On the above ground, he prays that the petitioner may also be enlarged on bail.

9. Learned Public Prosecutor has opposed the bail application. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.

10. Consequently, present second bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Satpal S/o Dhanna Ram arrested in connection with F.I.R. No. 493/2021 registered at Police Station Rawatsar, District Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/