Nand Kishor vs The State of Rajasthan

Mohammad Rafiq, J.—Heard learned Counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.

Contention of learned Counsel for petitioner is that quantity of contraband i.e. opium and smack recovered from the possession of accused is respectively 6 gram and 150 gram, whereas the notified commercial quantity for them is respectively 2.5 kilogram and 250 gram; this is the first offence against the petitioner; there is no previous case pending against him; he has been in jail since 06.06.2010; co-accused Bhawani Shankar Sen has already been released on bail by this Court vide its order dated 20.07.2010 in S.B. Cr. Misc. Bail Application No. 5993/2010; challan has already been filed; trial of the case will take a long.

Learned Public Prosecutor opposed the bail application, however, could not dispute the correctness of the facts referred to above.

After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Nand Kishor Son of Shri Ramkishan on bail u/s 439 Cr.P.C., in FIR No. 148/2010, Police Station Bakani, District Jhalawar, for offence under Sections 8/18 and 8/21 of the N.D.P.S. Act, provided he furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.

However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this Court in the present case, would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned.

The bail application stands disposed of.