Munna Ram vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the applicant under Section 439 of the Cr.P.C. in connection with FIR No.36/2020, registered at Police Station Bagri Nagar, District Pali for the offences under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).

Learned counsel for the applicant submitted that quantity of the contraband substance recovered from the applicant is below commercial (2 kg and 50 gms of Opium milk) and co-accused (Kailash Bishnoi and Shyam Lal Bishnoi) have been enlarged on bail by this Court vide order dated 05.05.2020 passed in S.B. Criminal Miscellaneous Bail Application No. 4118/2020 : Kailash Bishnoi & Anr. Vs. State of Rajasthan and the case of the present applicant is not different from that of co-accused.

Learned counsel submitted that there is no other case of like nature pending against the applicant and thus prayed that the applicant be enlarged on bail as the trial of the case is likely to take substantial time.

Learned Public Prosecutor opposed the bail application by contending that the contraband substance was recovered from conscious possession of the applicant.

Heard learned counsel for the parties and perused the material available on record.

Having regard to the facts and circumstances of the case and considering that the quantity of contraband substance recovered from the applicant is below commercial; the applicant is behind the bars since 13.03.2024 and no other case of like nature is pending against him, this Court is inclined to grant bail to the present applicant.

Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant - Munna Ram S/o Manak Ram arrested in connection with FIR No.36/2020, registered at Police Station Bagri Nagar, District Pali shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.