The main legal principle established in the judgment is that the grant of bail was based on the lack of incriminating evidence against the applicant, with the only material available being the statement of the main accused under section 27 of the NDPS Act.

JUDGMENT

Dinesh Mehta, J. - This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.21/2021, Police Station Borunda, Jodhpur for the offence under section 8/15 of NDPS Act.

2. Learned counsel for the applicant argued that the applicant has been enroped for the offence under the provisions of NDPS Act on the allegations that he was driving a vehicle, which was escorting the vehicle of the main accused from whom the contraband was recovered.

3. Learned counsel invited Court’s attention towards the statements and cross examination of the Investigating Officer and submitted that neither the vehicle alleged to be escorting the main accused has been recovered or found, nor its number was known or brought on record by the Investigating Officer and the only material available against the applicant is, the statement of main accused given under section 27 of the NDPS Act.

4. Learned Public Prosecutor vehemently opposed the bail application and submitted that on the basis of the information of main accused, the applicant has rightly been framed and thus, his bail application be not allowed.

5. Learned Public Prosecutor and the Investigating Officer present in the Court have failed to show any other incriminating evidence against the applicant including call details.

6. In view of the present factual backdrop, it is apparent that the only reason for which the applicant is being prosecuted is, the statement of main accused given under section 27 of the NDPS Act and no other material has come on record.

7. Having regard to the facts and circumstances of the case and considering, without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the accused-applicant under section 439 Cr.P.C.

8. Consequently, the bail application filed under section 439 Cr.P.C. is allowed. The applicant Mahendra Godara S/o Hema Ram Godara, arrested in connection with FIR No.21/2021, Police Station Borunda, Jodhpur shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

9. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

10. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.