AJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.458/2018, Police Station Sadar, District Sriganganagar registered for the offence punishable under Ss. 8/21, 25 and 29 of NDPS Act. The first bail application was dismissed by this Court vide order dtd. 22/9/2020.

(2.) Learned counsel for the petitioner submits that similar situated co-accused Sunu @ Sandeep Kumar has already been granted bail by co-ordinate Bench of this Court and the case of the present petitioner is not distinguishable from that of the co-accused. The petitioner is in judicial custody since 26/12/2018 and the trial of the case will take sufficiently long time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner. Learned Public Prosecutor has opposed the prayer of bail. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.

(3.) Accordingly, the second bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner - Ajay Kumar S/o Sh. Indrajeet shall be released on bail in connection with F.I.R. No.458/2018, Police Station Sadar, District Sriganganagar provided he executes a personal bond in a sum of Rs.1,00,000.00 with two sureties of Rs.50,000.00 each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.