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Judgment
Manoj Kumar Garg, J
The petitioner has been arrested in connection with FIR No.426/2021 of Police Station Deogarh, District Rajsamand for the offence punishable under Sections 8/15, 8/25, 29 of NDPS Act, 1985. He has preferred this bail application under Section 439 Cr.P.C.
Counsel for the petitioner submits that recovery has been made on 19.10.2021 at about 11:00 A.M. by Shri Teja Ram, whereas the Station House Officer of the Police Station Deogarh, at that time, was Mr. Puran Mal Meena and no document has been produced before this Court with regard to taking charge of the aforesaid Police Station by Shri Teja Ram. Further, counsel submits that Mr. Teja Ram took charge as SHO of Police Station Deogarh on 19.10.2021 at about 07:03 P.M. and the contraband was recovered in the morning on the same day. Seizure Officer-Mr. Teja Ram has been examined before the trial court as PW-1 and in his statement, he only mentioned that he is posted as Sub-Inspector in the Police Station, Deogarh. Counsel further submits that there is a clear-cut violation of Sub-Section (1) of Section 42 of NDPS Act. The accused-petitioner is in judicial custody since 19.10.2021 and there are no criminal antecedents against him. The trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
I have considered the arguments advance before me and carefully gone through the material available on record.
Looking to the fact that there is a violation of Sub-Section (1) of Section 42 of NDPS Act and no document has been produced that PW-1 Teja Ram is having charge as SHO of the relevant Police Station, Deogarh.
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.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Kenaram S/o Hanumanram shall be released on bail in connection with FIR No.426/2021 of Police Station Deogarh, District Rajsamand provided he executes a personal bond in a sum of Rs.2,00,000/-with two sound and solvent sureties of Rs.1,00,000/- 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.