Lal S/o Sh. Nana Lal vs State

Dr.Pushpendra Singh Bhati, J

In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No. 111/2020 of Police Station Mandalgarh, District Bhilwara for the offences punishable under Sections 8/15 & 8/29 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the contraband in question was recovered from Govind Kumar Dhakad and the allegation upon the present petitioner is that he is escorting the main accused Govind Kumar Dhakad on a different motor-cycle.

Learned Public Prosecutor has opposed the bail application. Looking into the fact that the main accused Govind Kumar dhakad has already been enlarged on bail by a coordinate Bench of this Hon'ble Court vide order dated 16.08.2021 passed in S.B. Criminal Misc. Bail Application No.6434/2021, this Court is inclined to allow the bail to the present petitioner as well.

Having regard to the totality of the facts and circumstances of the case as also 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 second bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Shiv Lal S/o Sh. Nana Lal shall be released on bail in connection with FIR No. 111/2020 of Police Station Mandalgarh, District Bhilwara provided he executes 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 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.