IMPORTANT POINT
The absence of direct evidence against accused petitioners and their prolonged custody justified the granting of bail under Section 439 Cr.P.C.

ORDER :

Praveer Bhatnagar, J.

The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of accused petitioner. The petitioner has been arrested in connection with FIR No.178/2023 registered at Police Station Mandhana, District Kota for the offence(s) under Sections 8/15 & 8/29 of the NDPS Act.

2. Learned counsel for the accused-petitioners submits that a false case has been foisted against the petitioners. The accused petitioners have nothing to do with the alleged offence and have been implicated in the case based upon the statements of the main accused Premaram & Rakesh from whom possession 14 kg 700 gms poppy straw was recovered. Apart from the discloser statement, there is no substantive peace of evidence available on record against the accused-petitioners. Accused-petitioners are in custody since long. Trial is likely to take long time to conclude. No useful would be served by keeping the accused-petitioners behind the bars till disposal of the case.

3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail applications and contend that rider of Section 37 of the NDPS Act is applicable in the instant matters, therefore, the bail applications of the accused-petitioners may be rejected.

4. Heard. Considering the arguments advanced by learned counsel for the parties and also perused the material on record.

5. Having regard to the totality of the facts and circumstances of the case and also taking into consideration that apart from the statements of the main accused Premaram & Rakesh, there is no direct evidence available on record connecting the present petitioners in the alleged crime and accused-petitioners are in custody since long, I deem it just and proper to grant bail to the accused-petitioners.

6. Accordingly, the bail applications filed under Section 439 Cr.P.C. are allowed and it is ordered that the accused-petitioners Bhomaram S/o Pusaram and Pappu Lal S/o Shri. Chhotulal, shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so.