Ardeen And Ors vs State Of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioners, who are in judicial custody in connection with F.I.R.

No. 253/2020, Police Station Dhorimanna, District Barmer, registered for the offences under Sections 8/15 of the NDPS Act.

Learned counsel appearing for the petitioners through video conferencing stated that the recovered contraband substance is below commercial

quantity, as total 20 kgs. 910 grams of poppy- husk have been recovered; and that the trial will take time, therefore, benefit of bail may be granted to

the present accused- petitioners.

Per contra, learned Public Prosecutor opposed the bail application of the accused-petitioners and stated that one another case of Indian Penal Code is

pending against the accused- petitioners.

Heard and considered the arguments advanced by the learned counsel appearing for the petitioners through video conferencing and learned Public

Prosecutor, present-in-person. Perused the material available on record.

Having regard to the facts and circumstances of the case, particularly to the facts that the recovered contraband substance is below commercial

quantity; that no other case of NDPS is pending against the accused-petitioners; and that further trial will take sufficiently long time, therefore, without

expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be

accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners, (1) Ardeen S/o Molina Khan

and (2) Shankar Lal S/o Banshi Lal, both arrested in connection with F.I.R. No. 253/2020, Police Station Dhorimanna, District Barmer, shall be

released on bail provided each of them furnishes a personal bond of Rs.1,00,000/- (Rupees One lac only) and two sound and solvent surety bonds of

Rs.50,000/- (Rupees Fifty thousand only) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates

of hearing and as and when called upon to do so.