AI Structured Summary
Not yet generated for this judgment
Judgment
Dr.Pushpendra Singh Bhati, J
The court date was fixed in this matter as 22.01.2024, but since the matter was not listed on the fixed court date, the counsel for the petitioner sought permission to list the matter.
The petitioners have been arrested in connection with FIR No.138/2020 of Police Station Lohawat, for the offences punishable under Section 8/15 and 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the co-accused namely Jagdish, Pukhraj, Sunil and Dawad Khan have already been released on bail by this Court in S.B. Criminal Misc. Bail Applications No.5762/2021, 3079/2021, 16635/2021 & 10482/2022 vide orders dated 19.05.2021, 10.03.2021, 16.02.2022 & 22.11.2022 respectively.
Learned counsel for the petitioner further submits that Daoud Khan was said to be the driver of the truck, which was carrying the contraband though he absconded from the site in question and the implication of the present petitioner is only on the statement of the co-accused, who have already been released on bail, thus, the petitioner may be released on bail.
Learned Public Prosecutor opposes the bail application, but is unable to refute the aforesaid factual matrix.
Having regard to the totality of the facts and circumstances of the case as also the fact that similarly situated co-accused persons have already been granted bail and the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners (1) Badrilal S/o Gopal and (2) Kishore Alias Nandkishore S/o Ramdayal, shall be released on bail in connection with FIR No.138/2020 of Police Station Lohawat provided each of them execute 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.