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2018 DIGILAW 888 (RAJ)

Kisna Ram v. State of Rajasthan

2018-04-03

P.K. LOHRA

body2018
JUDGMENT P.K. Lohra, J. - Accused-petitioner has laid this second bail application under Section 439 Cr.P.C. arising out of FIR No.12/2009 registered at Police Station Gangasahar, District Bikaner. In the FIR, besides petitioner, one more co-accused Madan Lal was charged for offence under Section 8/15 of the NDPS Act. Police after investigation submitted charge-sheet against both of them and trial in Sessions Case No.06/2009 against the petitioner is going on before Special Judge, NDPS Cases, Bikaner. 2. During trial, petitioner remained absent on 05.06.2013, and therefore, subsequently the Court declared him absconder. In the meanwhile, trial against other accomplice Madan Lal continued and upon conclusion of trial, he was acquitted of the offence. Later on, petitioner surrendered on 22nd of April 2017 and applied for bail, which was declined. 3. Petitioner, thereafter, approached this Court by way of filing first bail application bearing No.6134/2017 but the same was dismissed as not pressed on 2nd of August, 2017. 4. It is argued by learned Senior Counsel that after rejection of first bail application, three prosecution witnesses have been examined and trial is not likely to be completed in near future. It is also submitted by learned counsel that in fact contraband (Poppy Straw) was recovered from an abandoned vehicle and it is only on disclosure of other accomplice Madan Lai petitioner is implicated in the matter. It is also submitted by learned Senior Counsel that Madan Lal has been acquitted after full-fledged trial. Lastly, learned counsel submits that since date of his surrender i.e. 22.04.2017, petitioner is in custody and by this time, he has almost completed a year in custody, therefore, his second bail merits favourable consideration. 5. Learned Public Prosecutor has opposed the bail application. 6. Having regard to the facts and circumstances of the case, without expressing any opinion on merits of the case, I feel persuaded to accept this bail application. 7. Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Kisna Ram S/o Shri Aaidan Ram, arrested in connection with F.I.R. No.12/2009 of Police Station Gangashahar, District Bikaner, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of like amount to the satisfaction of learned trial Court. It is made clear that petitioner shall regularly appear before the learned trial Court on each and every date of hearing to facilitate completion of trial as expeditiously as possible.