YOGESH 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.113/2020 registered at Police Station Sadar, District Bikaner registered for the offence punishable under Sec. 8/21, 22 and 29 of NDPS Act. The first bail application was dismissed as not pressed by this Court vide order dtd. 29/11/2022 with liberty to file afresh after recording the statement of Investigating Officer.

(2.) Learned counsel for the petitioner submits that no recovery has been made from the possession of the petitioner and he has been implicated in this case under the aid of Sec. 8/29 of the NDPS Act. Counsel submits that the main accused Sharwan Singh has named co-accused Khim Singh and Jitendra, Khim Singh is still absconding and Jitendra has been exonerated by the Police. The money transaction has been done in the account of co-accused Jitendra and the present petitioner has nothing to do with this crime. The petitioner is in judicial custody since 21/4/2022 and the trial of the case will take sufficiently long time. With these submissions, it is prayed that the benefit of bail may be granted to the accused-petitioner. Learned Public Prosecutor has opposed the prayer of bail and submits that one another case of similar nature is pending against the accused-petitioner, therefore, benefit of bail may not be granted to him. I have considered the arguments advanced before me and gone through the material available on record.

(3.) Having regard to the totality of the facts and circumstances of the case, looking to the fact that in another case also the accused-petitioner has been implicated under the aid of Sec. 8/29 of the NDPS Act and in that case the accused-petitioner has already been enlarged on bail by a co-ordinate Bench of this Court and he is in custody since 21/4/2022, therefore, 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 - Yogesh Kumar @ Rinku S/o Gopal Parsad shall be released on bail in connection with F.I.R. No.113/2020 registered at Police Station Sadar, District Bikaner provided he executes a personal bond in a sum of Rs.2,00,000.00 with two 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.