Ashok Kumar vs State Of Rajasthan

Rameshwar Vyas, J

The present second bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 51/2022 registered at Police Station Goluwala, District Hanumangarh for the offences under Sections 8/15 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard learned counsel for the parties and perused the material available on record.

Learned counsel for the petitioner submits that at the time of dismissing first bail application, liberty was granted to the petitioner to file fresh bail application after filing of charge-sheet. Afterwards, charge-sheet has already been filed against the petitioner for the offence under Section 29 of NDPS Act. Recovered 10 Kg of Poppy Straw from the possession of the co- accused Kalu is below commercial quantity. On the above grounds, learned counsel for the petitioner prays that the petitioner may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

Having regard to the submissions made by learned counsel for the parties and material available on record, without commenting on merits of the case as also looking to the facts and circumstances of the case, this Court is of the opinion that bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.

Consequently, present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner Ashok Kumar S/o Jora Ram arrested in connection with F.I.R. No. 51/2022 registered at Police Station Goluwala, District Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds of Rs.50,000/- 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.