KAALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.539/2022, registered at Police Station Nohar, District Hanumangarh, for offences under Ss. 8/21, 25 & 29 of NDPS Act.

(2.) Learned counsel for the petitioner submits that similarly situated co-accused Arun Sharma, Sarvar & Rafiz have already been enlarged by the Co-ordinate Benches of this Court vide orders dtd. 15/11/2022 (CRLMB No.14571/2022), 21/11/2022 (CRLMB No.14762/2022) & 9/1/2023 (CRLMB No.298/2023) respectively, and the case of present petitioner is not distinguishable to those of the co-accused. Learned counsel further submits that the recovered contraband is below commercial quantity. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. Learned Public Prosecutor has opposed the bail application.

(3.) Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. Consequently, the bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Kaalu S/o Sh. Sattu Ram arrested in connection with F.I.R. No.539/2022, registered at Police Station Nohar, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000.00 and two sureties of Rs.50,000.00 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.