Lalchand Thalodh vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.47/2023 registered at Police Station Sri Balaji, District Nagaur, for offence under Section 8/21 of NDPS Act.

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

Learned counsel for the petitioner submits that contraband recovered from the petitioner is below commercial quantity. No case of similar nature is pending against the petitioner. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor opposed the bail application.

Heard.

Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this Court is of the opinion that the rigors under Section 37 of NDPS Act do not apply against the petitioner, therefore, the petitioner deserves to be enlarged on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Lalchand Thalodh S/o Joraram shall be enlarged on bail in connection with FIR No.47/2023 registered at Police Station Sri Balaji, District Nagaur, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.