The court considered the lack of evidence connecting the accused-petitioners with the alleged offences and their absence of criminal antecedents in deciding to grant bail.

JUDGMENT

Rameshwar Vyas, J. - S. B. Criminal Misc. 2 nd Bail Application No. 6910/2022

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. 35/2022 registered at Police Station Sayla, District Jalore for the offences under Sections 8/22 & 8/29 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 no recovery has been made from the possession of the present petitioner. As per prosecution story, Gajendra Singh sold the contraband to Durgesh s/o Hamira Ram, from whose possession, 11 grams of MDMA was alleged to be recovered. He further submits that after completion of investigation, charge-sheet has already been filed under Section 8/22 & 29 of the N.D.P.S. Act. However, there is no evidence on record to connect the present petitioner with the alleged offences except the statement of the co-accused. He further submits that there is no criminal antecedents against the petitioner. On the above grounds, he prays that the petitioner may be enlarged on bail.

4. Learned Public Prosecutor has opposed the bail application.

5. 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.

6. Consequently, present second bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Gajendra Singh S/o Abhay Singh arrested in connection with F.I.R. No. 35/2022 registered at Police Station Sayla, District Jalore 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.

S.B. Criminal Misc. Bail Application No. 6986/2022

7. The present 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. 35/2022 registered at Police Station Sayla, District Jalore for the offences under Sections 8/22 & 8/29 of the N.D.P.S. Act.

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

9. Learned counsel for the petitioner submits that as per prosecution story, petitioner sold the contraband to Gajendra Singh, who has already been enlarged on bail by an order of even date by this Court. He further submits that after completion of investigation, charge-sheet has already been filed under Section 8/22 & 29 of the N.D.P.S. Act. There is no criminal antecedents against the petitioner. On the above grounds, he prays that the petitioner may be enlarged on bail.

10. Learned Public Prosecutor has opposed the bail application.

11. 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.

12. Consequently, present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Rajuram S/o Babu Lal arrested in connection with F.I.R. No. 35/2022 registered at Police Station Sayla, District Jalore 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.