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Judgment
Rameshwar Vyas, J
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.12/2020 of Police Station Goluwala, District Hanumangarh for the offences punishable under Sections 8/22 & 29 of the NDPS Act.
Heard learned counsel for the applicant as well as learned Public Prosecutor and also perused the material on record.
Learned counsel for the applicant submits that at the time of dismissing the first bail application No.7958/2020 on 18.08.2020, learned counsel for the applicant was granted liberty to file fresh bail application after recording statements of the Investigating Officer. After that, statements of Seizure Officer- Bishan Sahay (PW-5) and Investigating Officer- Lakhveer Singh (PW-6) have been recorded. It is submitted that the Seizure Officer-Bishan Sahay in his cross-examination has admitted that co-accused Sanjay Kumar on inquiry disclosed that he obtained narcotic substance from one Vikram Swami resident of 10 RD Birmana, P.S Rajiyasar, whereas applicant is resident of 1 AS Gram Panchayat Raghunathpura, Panchayat Samiiti Suratgarh; as per certificate of Board of Secondary Education, his name is Satpal Giri; he has been involved in this case solely on the statements of co-accused which is not sufficient to keep the present applicant under custody who is behind the bars since 13.01.2020; there is no criminal antecedent against him, therefore, learned counsel for the applicant prays to allow the bail application.
Learned Public Prosecutor opposes the grant of bail application. As per his contention, there are call detail between the present applicant and co-accused Sanjay Kumar.
Having regard to the rival contentions of learned counsel for the parties and the material available on record, without commenting on the merits, in the facts and circumstances of the case, particularly looking to the fact that there is no evidence on record except the statements of co-accused Sanjay Kumar, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed.
Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Satpal Giri @ Vikram S/o Krishan Giri shall be released on bail in connection with FIR No.12/2020 of Police Station Goluwala, District Hanumangarh 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 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.