Kanhaiya Lal vs State

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R.

No.152/2019, Police Station Rohat District Pali for the offences under Sections 8/15, 25, 29 of NDPS Act.

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

Counsel for the petitioner submits that the petitioner was neither present on the spot from where the contraband was recovered nor he was having any

connectivity with the same. He further submits that except the statement of co-accused, there is no evidence against the petitioner to connect him

with the recovery of contraband in question. No case of the like nature is pending or decided against the petitioner. The conclusion of trial will take

sufficiently long time, therefore, it is prayed that the petitioner may be 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 bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Kanhaiya Lal S/o Shobha Lal shall be

released on bail in connection with FIR No.152/2019, Police Station Rohat District Pali provided he executes a personal bond in a sum of Rs.1,00,000/-

(Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/-(Rupees: Fifty Thousand Only) each to the satisfaction of the 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.