Kuldeep vs State, Through Pp

The office has pointed out a defect that power has not been filed by the counsel on behalf of the petitioner.

Learned counsel for the petitioner is directed to file power on behalf of the petitioner after end of lock-down.

Perused the bail application and material available on record.

The petitioner has been arrested in FIR No.59/2020 of P.S. Bhupalpura, District Udaipur for the offences punishable under Sections 8/18 of NDPS

Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case, particularly the fact that narcotic contraband opium weighing 800 grams

alleged to have been recovered in the matter is below commercial quantity, 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 petitioner Kuldeep S/o Sh. Pushkar Lal Solanki shall

be released on bail in connection with FIR No.59/2020 of P.S. Bhupalpura, District Udaipur provided he executes a personal bond in a sum of

Rs.1,00,000/- and two sureties of Rs.50,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be

difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail

upon furnishing the personal bond. He may furnish requisite sureties by 15th May, 2020 to the satisfaction of the learned trial court.

The petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish

surety bonds by the stipulated time, the instant order will come to an end automatically.