The acquittal of co-accused and absence of contraband from the petitioner justify the granting of bail, indicating low likelihood of conviction.

Order :

1.This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.467/2019 registered at Police Station Kotwali Jalore, District Jalore, for offences under Sections 8/22 and 29 of the NDPS Act.

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

3. Learned counsel for the petitioner submitted that in the present case, psychotropic substance much above the commercial quantity (TRIO-SR Tablets) was recovered from the conscious possession of the co-accused Jahangir. The co-accused Jahangir, in the information divulged by him under Section 27 of the Indian Evidence Act, informed that he had procured the recovered contraband from the co-accused Chainaram. The co-accused Chainaram thereupon supplied an information that the recovered contraband was procured by him from the present petitioner. Learned counsel submitted that the co-accused persons namely Jahangir, Chainaram and Papendra @ Kalu have already been acquitted by the competent criminal court after conducting regular criminal trial against them. Learned counsel submitted that since the co-accused Jahangir from whose conscious possession, the psychotropic substance much above the commercial quantity has been recovered, has already been acquitted by the competent criminal court, the changes of the petitioner getting convicted in the present case are very bleak.

4. Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

5. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that the contraband in the instant case was not recovered from the present petitioner. He was also not in a position to refute the fact that the co-accused Jahangir from whose conscious possession, the psychotropic substance much above the commercial quantity has been recovered, has already been acquitted by the competent criminal court.

6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Nareshpuri S/o Narayanpuri arrested in connection with F.I.R. No.467/2019 registered at Police Station Kotwali Jalore, District Jalore, 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.

8. 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.