BHOMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.254/2021 of Police Station Goluwala, Dist. Hanumangarh for the offence punishable under Ss. 8/15, 25, 29 of NDPS Act. He has preferred this second bail application under Sec. 439 Cr.P.C. The first bail application was dismissed by this Court on 15/4/2024. Counsel for the petitioner submits that recovery in this case, has been made from the possession of the co-accused persons namely Rugha Ram and Kamlesh and no recovery has been made against the present petitioner. He further submits that the petitioner has been implicated with the aid of Sec. 29 of NDPS Act. The accused-petitioner is inside jail since 13/11/2023 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 and has opposed the second 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. Accordingly, the second bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bhomaram S/o Bhakar Ram shall be released on bail in connection with FIR No.254/2021 of Police Station Goluwala, Dist. Hanumangarh, 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.