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Judgment
Vinit Kumar Mathur, J
The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.173/2017, Police Station Parsoli, District Chittorgarh for the offence punishable under Sections 8/15 & 8/25 of NDPS Act and under Section 279 of IPC.
The first bail application of the petitioner was dismissed on 07/09/2020 by this Court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the charge sheet in the case has been filed. He further submits that co-accused Babulal has been enlarged on bail by this Court vide order dated 11/01/2021. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor opposes 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.
Accordingly, the 2nd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Prem Kumar S/o Baldev Ram Bishnoi, shall be released on bail in connection with FIR No. 173/2017, Police Station Parsoli, District Chittorgarh provided he furnishes a personal bond in a sum of Rs.1,00,000/-(Rupees: One Lakh Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) 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.
