Ganshyam vs State

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.93/2011, registered at Police Station

Barloot for the offence under Section 8 / 25 of the NDPS Act.

Learned counsel for the petitioner submits that the petitioner

is in custody from 20.12.2011. Despite a period in excess of 5

years having lapsed, only 10 out of 26 cited prosecution witnesses

have been examined at the trial. He submits that the trial Court

has released co-accused Bherulal on bail on the ground of delay in

trial. He thus prays that the petitioner deserves to be released on

bail.

Learned PP opposes the submissions advanced by the

petitioner's counsel.

The petitioner has suffered custodial period in excess of 5

years. The trial has not proceeded significantly as only 10 out of

the 26 cited prosecution witnesses have been examined till date.

Thus, there is hardly any possibility of the trial being concluded in

near future. In this background and having regard to the entirety

of facts and circumstances as available on record and upon a

consideration of the arguments advanced at the Bar but without

expressing any opinion on the merits of the case, this Court is of

the opinion that the petitioner deserves to be released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Ghanshyam Malviya

arrested in connection with the F.I.R. No.93/2011, registered at

Police Station Barloot shall be released on bail provided he

furnishes a personal bond of Rs.50,000/- and two surety bonds of

Rs.25,000/- each to the satisfaction of the learned trial court with

the stipulation to appear before that Court on all dates of hearing

and as and when called upon to do so.