Lalchand And Ors vs State

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

The petitioners have been arrested in FIR No.34/2021 of Police Station Sadar, District Sriganganagar for the offences punishable under Sections 8/15

of NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that he does not want to press the criminal bail application preferred on behalf of the petitioner No.2-

Surendra Kumar, however, seeks liberty for him to file a fresh bail application before the trial Court after filing of the charge-sheet.

Accordingly, the criminal misc. bail application preferred on behalf of the petitioner No.2- Surendra Kumar S/o Shri Rajkumar is dismissed as not

pressed with liberty sought for.

In respect of petitioner No.1- Lalchand S/o Shri Tarachand Ji, learned counsel for the petitioner has submitted that in all 23 kgs of narcotic contraband

poppy straw have been recovered in the matter, which is below commercial quantity.

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 No.1- Lalchand S/o Shri Tarachand Ji

under Section 439 Cr.P.C.

Accordingly, the bail application filed under Section 439 Cr.P.C. preferred on behalf of petitioner No.1- Lalchand S/o Shri Tarachand Ji is allowed and

it is directed that he shall be released on bail in connection with FIR No.34/2021 of Police Station Sadar, District Sriganganagar 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.