The court's decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband drugs and the petitioner's prolonged incarceration.

Headnote:
Bail Application - Narcotic Drugs and Psychotropic Substances Act - The court granted bail to the accused petitioner under Section 439 Cr.P.C. based on the lack of evidence connecting the petitioner with the recovery of contraband drugs and the petitioner's prolonged incarceration.
Fact of the Case:

The petitioner filed a 3rd bail application under Section 439 Cr.P.C. after the dismissal of the second bail application. The petitioner was in custody in connection with an offense under the Narcotic Drugs and Psychotropic Substances Act.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The main issue was the petitioner's eligibility for bail based on the lack of evidence connecting the petitioner with the recovery of contraband drugs and the duration of the petitioner's incarceration.
Ratio Decidendi: The court's decision was influenced by the lack of evidence connecting the petitioner with the recovery of contraband drugs and the petitioner's prolonged incarceration, leading to the grant of bail under Section 439 Cr.P.C.
Final Decision: The 3rd bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.

JUDGMENT

Vinit Kumar Mathur, J. - The present 3rd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.286/2019, Police Station Jaitsar, District Sriganganagar for the offence punishable under Sections 8/22 and 29 of N.D.P.S. Act.

2. The second bail application of the petitioner was dismissed on 28/07/2022 by this Court.

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

4. It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner, statement of Investigating Officer PW.2 Pawan Kumar has been recorded before learned trial Court. Learned counsel for the petitioner submits that except the statement of co-accused Suresh, there is no other evidence connecting the present petitioner with the recovery of contraband drugs in the case. Learned counsel for the petitioner submits that the petitioner is facing incarceration for last more than three years. He submits that as per the statement of PW.2 Pawan Kumar, call details of the petitioner were not available nor any mobile or sim was recovered from him. He, therefore, prays that the petitioner may be enlarged on bail.

5. Learned Public Prosecutor opposes the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

6. Accordingly, the 3rd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Gopi Ram S/o Hema Ram, shall be released on bail in connection with FIR No. 286/2019, Police Station Jaitsar, District Sriganganagar provided he furnishes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/-(Rupees: Fifty Thousand Only) each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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