Hirendra vs State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me.

Contention of the learned Counsel for petitioner is that petitioner has been found in possession 1 Kg. of Opium whereas, the commercial quantity of the Opium is 2.5 Kg. Petitioner was arrested on 4/5/2010 and since then he is in jail. Investigation is complete. Trial will take a long time. There is no previous criminal case ever registered against the petitioner. He would undertake not to indulge in such offence in future.

Learned Public Prosecutor has opposed the bail application.

Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.

In the result, this bail application u/s 439 Cr.P.C. is allowed and it is directed that petitioner Hirendra S/o Raja Ram Singh shall be released on bail in FIR No. 35/2010 PS GRP Kota for offence u/s 8/18 of the NDPS Act on his furnishing a personal bond in the sum of Rs. 50,000/- together with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial with the stipulation that he shall not repeat such offence in future and in case, he is again found committing similar offence, the bail granted to him would liable to be cancelled by the court below itself at the instance of the prosecution.