Rahul Singh vs State

Instant bail application on behalf of petitioner is filed under Section 439 Cr.P.C., arising out of an FIR No.49/2017 of Nimbahera Sadar Police Station District Chittorgarh in which petitioner is charged for offence punishable under Sections 8/15 & 8/29 of the NDPS Act.

Learned counsel for the petitioner submits petitioner has been falsely implicated in this case. Learned counsel further submits that contraband (44 kgs poppy husk) recovered in the present case is less than commercial quantity. No other case is pending against the petitioner. The trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail may be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application. Having heard learned counsel for the parties and taking into consideration totality of facts and circumstances of the case, without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to the petitioner by enlarging him on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Rahul Singh S/o Sh. Bapu Singh, arrested in connection with F.I.R. No.49/2017, Police Station Nimbahera Sadar, District Chittorgarh, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with 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.