Bail may be granted when there is no direct evidence against the accused, especially if co-accused have been released and the trial is expected to be lengthy.

Order :

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.216/2019, registered at Police Station Nimbahera Sadar, District Chittorgarh, for the offences under Sections 8/15 and 29 of the 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 the co-accused- Kailash Chander (S.B. Criminal Misc. 4^th Bail Application No.11473/2023) who had allegedly procured the contraband greater than the commercial quantity and was transporting the same has already been enlarged on bail by this Court vide order dated 02.11.2013. Learned counsel submitted that another co-accused- Shanti Lal (S.B. Criminal Misc. 3^rd Bail Application No.11201/2024) has also been enlarged on bail by this Court vide order dated 19.11.2024.

4. Learned counsel submitted that apart from the disclosure statements of the co-accused- Kailash Chander recorded under Section 27 of the Indian Evidence Act, there is no direct/circumstantial evidence available on record indicating involvement of the petitioner in commission of the alleged crime.

5. Lastly, learned counsel submitted that the present petitioner is in judicial custody; the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

6. Per Contra learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that the contraband greater than commercial quantity 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 the disclosure statements of the co-accused-Kailash Chander who has already been enlarged on bail.

7. 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.

8. Consequently, the bail application under Section 439 Cr.P.C . (483 BNSS) is allowed. It is ordered that the accused-petitioner Vasu @ Ram Lal S/o Gororam Jat, arrested in connection with F.I.R. No.216/2019, registered at Police Station Nimbahera Sadar, 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.