The main legal point established in the judgment is the consideration of bail applications under Section 439 of Cr.P.C. for the accused-petitioners who were in custody in connection with the offences under Sections 8/15 & 8/29 of the N.D.P.S. Act.

JUDGMENT

1. Both the above mentioned bail applications shall stand decided by this common order as they arise out of the same F.I.R.

2. The 3present bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners, who are in custody in connection with F.I.R. No. 229/2020 registered at Police Station Arnod, District Pratapgarh for the offences under Sections 8/15 & 8/29 of the N.D.P.S. Act.

3. The first bail application of the petitioner - Bhanwar Lal in S.B. Criminal Misc. 2nd Bail Application No. 4590/2022 was dismissed by a Coordinate Bench of this Court on 05.02.2022.

4. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

5. Learned counsel for the petitioner submits that co-accused Manohar Singh has been enlarged on bail by a Coordinate Bench of this Court vide Order dated 25.05.2022. Therefore, learned counsel for the petitioners pray that the petitioners may also be enlarged on bail.

6. On the other hand, though, learned Public Prosecutor has opposed the bail application but he is not in a position to refute the submissions made by learned counsel for the petitioners.

The Order dated 25.05.2022 passed in S.B. Criminal Misc. 3 rd Bail Application No. 2771/2022 (Manohar Singh v. State of Rajasthan) is reproduced as under :-

"The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 229/2020, Police Station Arnod, District -Pratapgarh for the offences under Sections 8/15, 8/29 of the NDPS Act.

Learned counsel for the applicant submits that the contraband was recovered from a pick-up, whose driver - Jaswant said to have absconded from the site and that the escorting vehicle a Swift Car was being driver by Abhishek and one Narayan was accompanying him. The applicant has been implicated based on the statements of co-accused - Abhishek indicating that the contraband were supplied by the applicant.

The earlier bail application was rejected awaiting the statements of the investigating officer. The said investigating officer -Shambhoo Singh has been examined by the trial court, wherein, in cross- examination, he has specifically indicated that against the applicant - Manohar Singh except for the confession before the police, no other evidence has come on record and that he had not seized any mobile or sim from Manohar Singh and that there was no material available on record to connect the mobile No.7357856537 to Manohar Singh and in those circumstances, the applicant is entitled to be enlarged on bail.

Learned Public Prosecutor opposed the bail application on account of the quantum of contraband.

I have considered the submissions made by counsel for the parties and have perused the material available on record including the statement of PW-3 - Shambhoo Singh, the investigating officer.

The investigating officer has made statements, as submitted by learned counsel for the applicant and besides those statements prima facie at this stage there is no other material to connect the applicant.

In the circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

Consequently, the third bail application is allowed. It is ordered that the accused-applicant - Manohar Singh S/o Shri Bhairu Singh arrested in connection with FIR No. 229/2020, Police Station Arnod, District - Pratapgarh, shall be released on bail; provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five 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."

7. Having regard to the rival contentions of the parties and upon consideration of the facts and circumstances of the case, without commenting