Praveen Kumar @ Prince Chuchra v. State of Rajasthan
2022-12-05
DINESH MEHTA
body2022
DigiLaw.ai
JUDGMENT Dinesh Mehta, J. - This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.0304/2022, Police Station Anoopgarh, District Sri Ganganagar for the offences under sections 8, 21 and 29 of the N.D.P.S. Act 2. Mr. Thind, learned counsel for the applicant submitted that the applicant has been enroped only on the basis of information of the main accused (Ajay Kumar and Anil Kumar) from whom contraband substance (heroin) of 105.40 gram was recovered. Learned counsel argued that the persons from whom contraband substance was recovered have been enlarged on bail as the quantity was below commercial. Claiming parity, learned counsel argued that the applicant who is behind bars since 01.06.2022, is also entitled to be released on bail. 3. Learned Public Prosecutor vehemently opposed the bail application. 4. Having regard to the facts and circumstances of the case and considering that the applicant is being prosecuted on the basis of statement of the main accused and the Public Prosecutor has failed to show any other incriminating material/evidence against the applicant and that the main accused from whom the contraband was recovered have been enlarged on bail, without expressing any opinion on the merits/demerits of the case, I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C. 5. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Praveen Kumar @ Prince Chuchra S/o Bhagwan Das arrested in connection with FIR No. 0304/2022, Police Station Anoopgarh, District Sri Ganganagar shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court. 6. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. 7. Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.