AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
The instant bail application under Section 439 Cr.P.C. has
been preferred on behalf of the petitioner who is in custody in
connection with F.I.R. No.91/2016, registered at Police Station
Gangrar, District Chittorgarh for the offences under Sections 8 / 15
and 8 / 29 of the NDPS Act.
Admittedly, the petitioner was not present at the time of
recovery of contraband poppy straw weighing 1730 kgs. effected
by the S.H.O., P.S. Gangrar on 30.4.2016. During investigation,
one Amar Singh Banjara was implicated as the accused
responsible for transportation of the contraband poppy straw. The
petitioner appears to have been implicated on the strength of the
confessional statement of Amar Singh recorded by the police
officer. The admissibility of such confessional statement is
questionable. Amar Singh has been released on bail by this Court.
In this background and having regard to the entirety of facts
and circumstances as available on record and upon a consideration
of the arguments advanced at the Bar but without expressing
opinion on the merits of the case, this Court is of the opinion that
the petitioner too deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is directed that the petitioner Prabhu Lal arrested in
connection with the F.I.R. No.91/2016, registered at Police Station
Gangrar, District Chittorgarh shall be released on bail provided he
furnishes a personal bond of Rs.50,000/- and two surety bonds of
Rs.25,000/- each to the satisfaction of the learned trial court with
the stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.