Ghanshyam vs State Of Rajasthan

Vijay Bishnoi, J

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.12/2020 of Police Station Begu, District Chittorgarh for the offences punishable under Sections 8/15, 8/25 and 8/29 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he shifted the narcotic contraband from one place to another. It is further submitted that no recovery has been affected from the petitioner. It is argued that the petitioner was running a pickup on hire and upon asking of one person, he shifted some bags from one place to another without knowing that the bags contained narcotic contraband. It is further submitted that the main accused Pappu, from whom the narcotic contraband was recovered, has already been enlarged on bail.

Learned Public Prosecutor has 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, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner-Ghanshyam S/o Shri Rathan Lal Dhakar shall be released on bail in connection with FIR No.12/2020 of Police Station Begu, District Chittorgarh provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- 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.