Bail granted under Section 439 due to absence of recovery from petitioners, lack of criminal antecedents, and prolonged custody.

ORDER :

1. These instant bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners, who have been arrested in connection with FIR No. 149/2023 registered at Police Station Sadar Gangapur City, District Sawai Madhopur for the offences under Sections 8/21, 25 & 29 of NDPS Act.

2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. He submits that 270 grams smack was recovered from the possession of the co-accused- Om Prakash and no recovery has been affected from the possession of the petitioners. He further submits that petitioner- Sagar Jatav has been made accused in this case solely on the basis of the fact that Om Prakash was found in possession of the motorcycle, which is registered in the name of petitioner - Sagar Jatav. He also submits that interrogation of the co-accused cannot be used against the petitioner as the same is inadmissible in evidence in view of provisions of Section 25 of the Evidence Act. Learned counsel has relied upon the judgment rendered by Hon'ble Supreme Court in the case of Tofan Singh v. State of Tamil Nadu, AIR 2020 SC 5592. There are no criminal antecedents of the petitioners. The petitioners are in custody since their date of arrest and trial of the case will take considerable time. He also contends that further custody of the petitioners would not serve any fruitful purpose.

3. Learned Public Prosecutor opposes the bail applications.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that no recovery has been affected from the possession of the petitioners, charge sheet has been filed in the matter, there are no criminal antecedents of the petitioners, looking to the custody period of the petitioners and so also keeping in view the law laid down by the Hon'ble Supreme Court in the case of Tofan Singh (supra), but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Sagar Jatav Son of Deepchand (2) Sameer Khan S/o Sameer Ulla shall be released on bail provided each of them furnishes a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

7. However, it is made clear that the petitioners shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioners are further directed to mark their presence in the concerned police station on first Monday, once in three months, till trial is concluded. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to petitioners by this Court.