The absence of direct evidence against the accused and satisfaction of bail conditions under the NDPS Act justified the grant of bail.

ORDER :

KULDEEP MATHUR, J.

1.This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.69/2022, registered at Police Station Begun, District Chittorgarh, for offences under Sections 8/15 and 29 of NDPS Act .

2. Heard learned counsel for the parties at Bar. Perused the material available on record.

3. Learned counsel for the petitioner submitted that co-accused Dinesh Rabari (S.B. Criminal Miscellaneous Bail Application No.8141/2023) has already been enlarged on bail by this Court vide order dated 04.12.2023. Learned counsel submitted that in the present case, contraband (poppy husk/straw) weighing 420 Kgs. was recovered from a Bolero vehicle. The petitioner has been implicated in the present case solely on the basis of statements of registered owner of the offending vehicle namely Karan. Apart from the disclosure statements of co-accused, there is no direct/corroborative evidence available on record indicating involvement of the petitioner in commission of the alleged crime.

4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; challan against him has already been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that Dinesh Rabari has already been enlarged on bail by this Court vide order dated 04.12.2023; the contraband in the present case was not recovered from the conscious possession of the present petitioner and the petitioner has been implicated in the present case solely on the basis of disclosure statements of co-accused persons. This Court further prima facie finds that the prosecution has not shown any apprehension of petitioner involving himself in a case of similar nature or fleeing away from justice, in case he is enlarged on bail.

7. The twin conditions enumerated under Section 37 of the NDPS Act are duly satisfied in the present case. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, this bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner- Ashok Kumar S/o Chunni Lal Dhakad, arrested in connection with F.I.R. No.69/2022, registered at Police Station Begun, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

9. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial Court shall not get prejudiced by the same.