Raymal Ram vs State Of Rajasthan, Through P.p.

Heard learned Public Prosecutor and perused the bail application(s) as well as the material available on record.

The petitioner(s) has/have been arrested in FIR No.92/2020 of Police Station Sanchore, Distt. Jalore for the offence(s) punishable under Section(s)

8/15 and 8/18 of the NDPS Act. He/She/They has/have preferred this/these bail application(s) under Section 439 Cr.P.C.

It is averred in the bail application that as per the prosecution story, 3017 plants of opium alleged to have been recovered from the petitioner. It is

further averred that as per the notification dated 16.07.1996, issued by the Central Government, specifying small and commercial quantity and the

Section 18(C) of NDPS Act, the maximum punishment can be awarded to an accused person for possessing opium plant is up to 10 years, therefore,

Section 37 of NDPS Act is not applicable in the matter.

Learned Public Prosecutor has opposed the bail application(s).

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and

proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) â€" Raymal Ram S/o Shri

Chaila Ram Ji shall be released on bail in connection with FIR No.92/2020 of Police Station Sanchore, Distt. Jalore provided he/she/they execute(s) a

personal bond in the sum of Rs.2,00,000/- and two sureties of Rs.1,00,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties will be

difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the petitioner shall be released on bail

upon furnishing the personal bond. He may furnish requisite sureties by 15th May, 2020 to the satisfaction of the learned trial Court.

Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fail to furnish surety

bonds by the stipulated time, the instant order will come to an end automatically.