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Judgment
6 paragraphs · 279 wordsMadan Gopal Vyas, J
The petitioner has been arrested in connection with FIR No.23/2023, of Police Station Sojat Road, District Pali for the offence punishable under Section 8/18 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that as per the prosecution story 284 plants of Ganja have been recovered from the petitioner. It is submitted that as per the Note No.3 appearing below the table appended to NDPS Act, cultivation of cannabis is covered under Clause(c) of Section 18 of the NDPS Act and thus, the restriction contained in Section 37 of the NDPS Act would not be attracted to such offence. The accused-petitioner is behind bars and the trial of the case will take time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail.
Learned Public Prosecutor has vehemently 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 bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bhanwar Lal S/o Kana Ram shall be released on bail in connection with FIR No.23/2023 of Police Station Sojat Road, District Pali provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- 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.