The court's decision was influenced by the lack of material connecting the petitioner with the alleged offense and the fact that the co-accused had already been enlarged on bail.

Headnote:
Bail - NDPS Act - The court allowed the second bail application of the petitioner under Section 439 Cr.P.C. due to lack of material connecting the petitioner with the recovery of contraband tablets and the enlargement of the co-accused on bail.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. after being arrested in connection with an NDPS Act case. The first bail application was allowed, but the bail was later cancelled, leading to the filing of the second bail application.
Finding of the Court:

The court found that there was no material connecting the petitioner with the recovery of contraband tablets and that the co-accused had already been enlarged on bail. Therefore, the court allowed the second bail application and ordered the release of the accused-petitioner on bail.
Issues: The main issue was whether the petitioner should be granted bail despite being arrested in connection with an NDPS Act case.
Ratio Decidendi: The court considered the lack of material connecting the petitioner with the recovery of contraband tablets and the fact that the co-accused had already been enlarged on bail as the basis for allowing the second bail application.
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 furnishing a personal bond and sureties to the satisfaction of the trial court.

JUDGMENT

Vinit Kumar Mathur, J. - The present second 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.202/2019, Police Station Ramsinghpur, District Sriganganagar for the offences under Section 8/29 NDPS Act.

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

3. The first bail application of the petitioner was allowed vide order dated 02.09.2020 on the ground that the co-accused Sattar Khan has already been enlarged on bail. Thereafter, the bail cancellation was filed by the State against the present petitioner and the same was allowed by this Court on 04.05.2022. Hence, the petitioner was arrested by the trial court. In these circumstances, this Second bail application has been filed by the petitioner.

4. It is submitted by learned counsel for the petitioner that except the statement of co-accused Sattar Khan, there is no material available on record to connect the present petitioner with the recovery of contraband tablets in this case. He further submits that there are no call details of the petitioner with the person from whom the contraband drugs have been recovered. He further submits that even the co-accused Sattar Khan has been enlarged on bail by this Court on 13.05.2022. Therefore, it is prayed that the petitioner may be enlarged on bail.

5. The learned Public Prosecutor opposes the bail.

6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

7. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Pramod Singh S/o Keshav Prasad arrested in connection with F.I.R. No. 202/2019, Police Station Ramsinghpur, District Sriganganagar 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.

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