Rakesh vs State

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

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.91/2012,

Police Station Sadar, Chittorgarh for the offences under Sections 8/29 & 8/18 of the NDPS Act.

It is submitted by learned counsel for the applicant that the contraband allegedly recovered in the case is below commercial quantity, the applicant has

been charged with the offence under Section 8/29 of the NDPS Act and challan has already been filed. The accused from whom the contraband

allegedly recovered, has already been enlarged on bail by the trial court, the trial is likely to take time and therefore, the applicant may be enlarged on

bail.

Learned Public Prosecutor opposed the bail application. In the circumstances of the case, without expressing any opinion on the merits of the case,

this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-applicant - Rakesh S/o Ratan Lal Patidar arrested in connection with FIR

No.91/2012, Police Station Sadar, Chittorgarh, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand

Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) 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.