The main legal point established in the judgment is that bail may be granted under Section 439 of Cr.P.C. when there is lack of evidence connecting the accused to the alleged offences and absence of criminal antecedents.

JUDGMENT

Rameshwar Vyas, J. - 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. 41/2020 registered at Police Station Begun, District Chittorgarh for the offences under Sections 8/15 & 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 subject narcotic substance has not been recovered from the possession of the petitioner. He is accused under Sections 8/15 & 8/29 of the N.D.P.S. Act. There is no evidence on record to connect the petitioner with alleged offence. The co-accused Radhakishan, Radheyshyam and Baluram have already been enlarged on bail. There is no criminal antecedents against the petitioner. The investigation has been completed. On the above grounds, he prays that the petitioner may also 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 bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner-Chittar Lal S/o. Bhanwar Lal Dhakad arrested in connection with F.I.R. No. 41/2020 registered at Police Station Begun, District Chittorgarh 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. 7596/2022

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. 41/2020 registered at Police Station Begun, District Chittorgarh for the offences under Sections 8/15, 25 & 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 the petitioner is accused under Sections 8/25 of the N.D.P.S. Act. He is registered owner of tractor-trolley, which was found in abandoned condition with narcotic substance. He further submits that petitioner was having no knowledge about the fact that tractor-trolley was being used for carrying narcotic substance. There is no other criminal case under the provisions of N.D.P.S. Act pending against the petitioner. The investigation has been completed. On the above grounds, he prays that the petitioner may also 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-Kailash Chand S/o. Hira Lal Dhakar arrested in connection with F.I.R. No. 41/2020 registered at Police Station Begun, District Chittorgarh 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.