Pukhraj vs State Of Rajasthan

Rameshwar Vyas, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant who is in custody in connection with FIR No.20/2021 of Police Station Bhopalgarh, District Jodhpur for the offences punishable under Sections 8/15 & 29 of the NDPS Act.

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

Learned counsel for the applicant submits that narcotic substance poppy straw has not been recovered from possession of the applicant. As per prosecution case, during nakabandi on 03.02.2021, SHO, Bhopalgarh recovered 392 kgs. of poppy straw from co-accused Ashok Bishnoi, who on inquiry disclosed that he was going to supply the substance to present applicant; after completion of investigation, charge-sheet has already been filed; the applicant is under custody since 07.02.2022 and there is no other evidence available on record to connect the present applicant with the offence, therefore, learned counsel for the applicant prays to allow the bail application.

Learned Public Prosecutor opposes the grant of bail application.

Having regard to the rival contentions of learned counsel for the parties and in the facts and circumstances of the case, without commenting on the merits, the bail application of the applicant under Section 439 Cr.P.C. deserves to be allowed.

Accordingly, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that applicant Pukhraj S/o Hariram @ Heeraram shall be released on bail in connection with FIR No.20/2021 of Police Station Bhopalgarh, District Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/-(Rupees One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) 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.