The absence of direct evidence against the petitioner and the lengthy trial process justified the granting of bail.

ORDER :

(KULDEEP MATHUR, J.)

This application for bail under Section 483 BNSS (439 Cr.P.C .) has been filed by the petitioner who has been arrested in connection with F.I.R. No.155/2024 registered at Police Station Hindumalkot, Dist. Sri Ganganagar, for the offences under Sections 8/21 and 25 of 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 the contraband (Heroin) weighing 2.37 Kgs. was recovered from the conscious possession of co-accused persons namely Sandeep Singh @ CP and Balvindra Singh. Co-accused Balvinder Singh in the information divulged by him under Section 27 of the Indian Evidence Act stated that about two months prior to the date of recovery, he along with another co-accused Kuldeep Singh had kept the recovered contraband with the present petitioner.

4. Learned counsel submitted that apart from the disclosure statement of co-accused persons, there is no direct/ circumstantial evidence available on record indicating involvement of the present petitioner in commission of the alleged crime.

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

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that in the present case, the contraband was not recovered from the conscious possession of the present petitioner. Learned Public Prosecutor was also not in a position to refute the fact that apart from the disclosure statements of co-accused persons, there is no other direct/ circumstantial evidence available on record indicating involvement of the present petitioner in commission of the alleged crime.

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

8. Consequently, the bail application under Section 483 BNSS (439 Cr.P.C .) is allowed. It is ordered that the accused-petitionerHarmesh Singh @ Jora Singh S/o Shri Tara Singh Raisikh arrested in connection with F.I.R. No.155/2024 registered at Police Station Hindumalkot, Dist. Sri Ganganagar, 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.