The court considered the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, the nature of the offence, and the duration of the petitioner's incarceration in reaching the decision to grant bail.

Headnote:
Bail - NDPS Act - Enlargement on Bail
Fact of the Case:

The petitioner filed a bail application under Section 439 Cr.P.C. in connection with F.I.R. No.13/2022, Police Station Sadar Chittorgarh, District Chittorgarh for the offences under Section 8/20 of the NDPS act. The contraband recovered in the present case is below commercial quantity. The petitioner has been in custody since 04/01/2022.
Finding of the Court:

The Court, considering the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, allowed the bail application filed by the petitioner and ordered his release on bail upon furnishing a personal bond and sureties.
Issues: The main issue was whether the petitioner should be enlarged on bail considering the nature of the offence and the duration of incarceration.
Ratio Decidendi: The Court considered the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, the nature of the offence, and the duration of the petitioner's incarceration in reaching the decision to grant bail.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon fulfilling the specified conditions.

JUDGMENT

Vinit Kumar Mathur, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.13/2022, Police Station Sadar Chittorgarh, District Chittorgarh for the offences under Section 8/20 of the NDPS act.

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

3. It is submitted by learned counsel for the petitioner that after rejection of the first bail application on 24/01/2022, the charge sheet in the case has been filed. The contraband recovered in the present case is below commercial quantity. The petitioner is facing incarceration since 04/01/2022. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.

4. The learned Public Prosecutor opposes the bail.

5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and also considering the peculiar circumstances prevailing in the country due to the pandemic of COVID-19, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Jamna Lal S/o Jagga Jat arrested in connection with F.I.R. No. 13/2022, Police Station Sadar Chittorgarh, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac Only) with two sureties of Rs.50,000/- (Rupees : Fifty 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.

6. However, it is made clear that after the enlargement on bail in this case, if the petitioner is found involved in any other criminal case, then no leniency will be extended to the petitioner in future. Record of this condition and the antecedents of the petitioner will be maintained by the concerned Police Station of the area where the petitioner resides.

7. a copy of this order be sent to the local police station where the petitioner resides.

8. It is also ordered that the petitioner will mark his attendance in the local police station of the area of his permanent residence in every three months.

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