Dharmendra @ Maas vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.49/2023 registered at Police Station Keshrisinghpur, District Sriganganagar for the offence under Section 8/21 of the NDPS Act.

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

Learned counsel for the petitioner submitted that the contraband (smack) recovered from the petitioner is below commercial quantity. Learned counsel submitted that challan has already been filed; the petitioner is in judicial custody since 23.03.2023 and the trial of the case will take sufficiently long time, the petitioner deserves to be enlarged on bail.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court without expressing any opinion on merits/demerits of the case deems it just and proper to enlarge the petitioner on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Dharmendra @ Maas S/o Mithu Ram arrested in connection with F.I.R. No.49/2023 registered at Police Station Keshrisinghpur, District Sriganganagar shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.