JAIPAL 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 FIR No.12/2020 registered at Police Station Jawaharnagar, District Sriganganagar for the offences punishable under Ss. 8/21, 25 and 29 of the NDPS Act. The first bail application was dismissed as not pressed by this Court vide order dtd. 7/5/2022.

(2.) Learned counsel for the petitioner submits that the petitioner is behind the bars for more than four years and up to this time only five prosecution witnesses have been examined out of total eighteen prosecution witnesses. Learned counsel relies upon the judgments passed by the Hon'ble Supreme Court in the cases of Rabi Prakash Vs. State of Odisha and Mohd. Muslim @ Hussain Vs State (NCT of Delhi). The petitioner is in judicial custody since 12/1/2020 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.

(3.) I have considered the arguments advanced before me and gone through the material available on record. 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 - Jaipal S/o Sh. Sitaram shall be released on bail in connection with FIR No.12/2020 registered at Police Station Jawaharnagar, District Sriganganagar 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.