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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 250/2020 registered
at Police Station Sunel, District Jhalawar for the offence under Section 8/21 of NDPS Act and later on for the offence under Section 8/29 of NDPS
Act.
It is contended by the learned counsel for the petitioner that he has falsely been implicated in this case on the basis of the statement of co-accused
which is inadmissible in evidence. With regard to pending criminal case under NDPS Act, learned counsel for the petitioner, relying upon report of the
Forensic Science Laboratory, Rajasthan dated 08.09.2015, submitted that therein the contraband allegedly recovered from his possession did not
contain any narcotic and psychotropic substance. He submits that the petitioner is in custody since 25.10.2020, investigation as against him is complete
and prays for his release on bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner,
the nature of allegation against him and his length of custody; but, without expressing any opinion on the merits of the case, this Court deems it just and
proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Ballu @ Ballu Singh @ Balveer S/o Mangilal shall be released on
bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond
in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the
satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
