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2022 DIGILAW 2954 (RAJ)

Raju Alias Pintu v. State of Rajasthan

2022-12-13

VINIT KUMAR MATHUR

body2022
JUDGMENT Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.223/2021, Police Station Chittor Sadar, District Chittorgarh, for the offences under Section 8/15 NDPS Act. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record. 3. After the rejection of the first bail application on 12.01.2022, the charge sheet has been filed. Learned counsel for the petitioner submits that neither any recovery of the contraband has been effected from the present petitioner nor he is having any connection with the recovery of the contraband. Learned counsel further submits that even the call details produced before this Court are not supported by a certificate of 65-B and, therefore, same cannot be taken into consideration while evaluating the evidence against the present petitioner. He submits that except the statement of co-accused Kapil, there is no other credible evidence on record which shows the connectivity of the present petitioner with the recovery of contraband. He submits that there is no case of the like nature pending or decided against the petitioner. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application. 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. 5. Accordingly, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Raju alias Pintu S/o Kesu Ram Banjara shall be released on bail in connection with F.I.R. No.223/2021, Police Station Chittor Sadar, District Chittorgarh provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) each (out of which, one surety will be of local resident) to the satisfaction of the 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.