Shiv Narayan And Others vs State Of Rajasthan

Vinit Kumar Mathur, J

S.B. Criminal Misc. Bail Application No. 5673/2024:

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.83/2021, Police Station Mangalwar, District Chittorgarh for the offences under Sections 8/15 & 8/19 of NDPS Act.

Heard learned Sr. Counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

Learned Sr. Counsel for the petitioner submits that except the petitioner being the owner of the truck which was involved in the transportation of the contraband in the present case, there is not other evidence on record to show or connect the petitioner with the recovery of contraband in the present case. Learned Sr. Counsel further submits that there is no antecedent of the petitioner having involved in any case of similar nature. The charge-sheet in the case has been filed. The conclusion of trial will take sufficiently long time, therefore, he prays 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, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Shiv Narayan S/o Pabu Ram Bhanda Vishnoi shall be released on bail in connection with F.I.R. No.83/2021, Police Station Mangalwar, District Chittorgarh 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.

S.B. Criminal Miscellaneous Bail Application No. 36/2024:

Learned counsel for the petitioner does not press the present bail application, however, seeks liberty to file fresh bail application after the statement of Investigating Officer is recorded before the trial court.

Dismissed accordingly with liberty aforesaid.