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Judgment
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.
No.37/2020, Police Station- Gulabpura, District Bhilwara for the offences under Sections 8/15 and 8/29 of NDPS Act.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.
Counsel for the petitioner submits that except the statement of co-accused persons, there is no evidence to connect the petitioner with the recovery of
contraband. Neither, any case of like nature is pending or decided against the present petitioner nor there are any call details of the petitioner with the principal accused persons. He further submits that neither the petitioner was present at the place from where the recovery has been made nor any contraband has been recovered from the petitioner. Therefore, it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor has opposed 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, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Rajesh @ Babu S/o Modi Ram Das
Vaishnav (Bairagi) shall be released on bail in connection with FIR No.37/2020, Police Station- Gulabpura, District Bhilwara provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only)
each to the satisfaction of the 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.