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2019 DIGILAW 536 (RAJ)

Bhatta Ram @ Bharat v. State of Rajasthan

2019-02-14

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 23/2018 of Police Station Nimbahera Sadar, District Chittorgarh for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the other co-accused persons viz. Bhajan Lal and Ram Swaroop, from whom the narcotic contraband were recovered in the matter, have already been enlarged on bail by this Court while placing reliance on the decision of this Court rendered in the case of Netram v. State of Rajasthan, reported in 2014 (1) Cr.L.R. (Raj.) 163 . It is submitted that in view of the fact that the other co-accused persons viz. Bhajan Lal and Swaroop, from whom the narcotic contraband were recovered in the matter, have already been enlarged on bail and the allegation against the petitioner is to the effect that he has supplied the said narcotic contraband to them, he is also entitled to be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application. 5. 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 Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Bhatta Ram @ Bharat S/o Naina Ram Prajapat shall be released on bail in connection with FIR No. 23/2018 of Police Station Nimbahera Sadar, District Chittorgarh provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- 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.