Dinesh vs State Of Rajasthan

Dr. Nupur Bhati, J

Heard. Perused the material available on record.

The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Dinesh, who is in custody in relation to F.I.R. No.115/2022 dated 11.08.2022, registered at Police Station Panchori, District Nagaur, for the offences punishable under Sections 8/21 and 8/29 of NDPS Act and Sections 420, 467, 471 and 120-B of IPC.

Counsel for the petitioner submits that vide order dated 14.03.2023, first bail application of the petitioner was rejected. However, the petitioner was granted liberty to approach this Court after filing of the charge-sheet. He submits that on that date, the charge-sheet was not on record. He draws the attention of this Court to the charge-sheet, wherein it has been specifically mentioned that the contraband recovered from the petitioner is MDMA, weighing 21 gms. He further submits that in the FSL report dated 08.12.2022, it has been found that the contraband recovered from the petitioner is Mephedrone (4 methyl methcathinone). He places reliance upon the order dated 27.04.2023 passed in SB Criminal Misc. Bail Application No.2502/2023 in which, a Coordinate Bench has enlarged co-accused Opila Ram and Sohan Ram on bail.

Learned Public Prosecutor opposes the bail application but is not in a position to dispute the fact that the contraband Mephedrone which is recovered from the petitioner as mentioned in the FSL report, weighs below the commercial quantity. He placed on record the antecedent report as per which, there is no criminal case pending against the petitioner under the NDPS Act. He also submits that when the first application for bail was rejected, he was not aware of the fact that the charge-sheet had been filed.

In view of above and having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time and without expressing any opinion on the merits and demerits of the case, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

Consequently, the instant second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner namely Dinesh S/o Shri Ruparam Ji in relation to F.I.R. No.115/2022 dated 11.08.2022, registered at Police Station Panchori, District Nagaur, shall be released on bail; provided he furnishes a personal bond in the sum 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.