Guman Ram S/o Bhera Ram vs The State of Rajasthan

Heard learned counsel for the petitioners 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 petitioners who are in custody in

connection with F.I.R. No.40/2017, registered at Police Station

Sendra, District Pali for the offences under Sections 8 / 15 and 29

NDPS Act.

The petitioners were arrested on 06.03.2017 while carrying

14 Kgs. contraband poppy straw on a motorcycle. It is stated by

the learned counsel for the petitioners that despite custodial

period of the accused having exceeded 60 days, till date charge-

sheet has not been filed by the I.O. He thus urges that the

petitioners deserve to be enlarged on bail.

Learned Public Prosecutor vehemently opposes the

submission advanced by the petitioner''s counsel.

Having regard to the facts and circumstances available on

record and particularly considering that the petitioners are in

custody for more than two months with the allegation of being

found in possession of 14 kgs. contraband poppy straw which is

well below commercial quantity but without expressing any

opinion on the merits of the case, this Court is of the opinion that

they deserve to be released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioners (1) Guman Ram and

(2) Rajuram arrested in connection with the F.I.R. No.40/2017,

registered at Police Station Sendra, District Pali shall be released

on bail provided each of them 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.