KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.24/2023 of Police Station Osia, District Jodhpur Rural for the offence punishable under Ss. 8/15 and 8/29 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C. Learned counsel for the petitioner submits that nothing has been recovered from the possession of the present petitioner and similarly situated co-accused Khartaram has already been granted bail by this Court and the case of present petitioner is not distinguishable from that of co-accused. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner. Learned Public Prosecutor vehemently opposed the bail application.

(2.) 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kailash S/o Shri Narain Lal, shall be released on bail in connection with FIR No.24/2023 of Police Station Osia, District Jodhpur Rural provided he executes a personal bond in a sum of Rs.1,00,000.00 with two sound and solvent 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.