OMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.138/2017 of Police Station Gudamalani, District Barmer, for the offence punishable under Ss. 8/15, 25 and 29 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C. Learned counsel for the petitioner submits that the petitioner was arrested merely on the basis of registered owner of the vehicle, from which the alleged recovery has been made. Counsel further submits that the main accused Raju Ram alongwith co-accused Champalal, Govind and Ranmal have already been enlarged on bail. It is further submitted that there is no criminal antecedent against the petitioner as well as no call detail was found between the petitioner and main accused. The accused-petitioner is in judicial custody since 29/4/2024 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.

(2.) Learned Public Prosecutor vehemently opposed the bail application. 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 petitioners 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 Omaram S/o Shri Pokar Ram shall be released on bail in connection with FIR No.138/2017 of Police Station Gudamalani, District Barmer, provided he executes a personal bond in a sum of Rs.2,00,000.00 with two sound and solvent sureties of Rs.1,00,000.00 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.