Devi Lal vs State

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R.

No.5/2021, registered at Police Station Mahajan, District Bikaner for the offences under Sections 8/15 and 8/25 of the NDPS Act.

The contraband poppy straw weighing 28 Kgs. was recovered from the possession of the co-accused Ghanshyam Giri whose bail application has been

accepted by this Court vide order dated 09.02.2021. The petitioner was also present in the car from which the poppy straw was recovered. As the co-

accused Ghanshyam Giri has been enlarged on bail and since the recovered contraband weighs well below the commercial quantity, the petitioner too

deserves to be released on bail.

In this view of the matter and, having regard to the facts and circumstances available on the record, but without expressing any opinion on the merits

of the case, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Devi Lal arrested in connection with the

F.I.R. No.5/2021, registered at Police Station Mahajan, District Bikaner shall be released on bail provided he furnishes a personal bond of Rs.50,000/-

and two surety bonds of Rs.25,000/- 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.