Shamsher Khan vs State Of Rajasthan

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

The petitioners have been arrested in FIR No.435/2020 of Police Station Sagwara, District Dungarpur for the offences punishable under Section 8/18

of NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that narcotic contraband opium alleged to have been recovered from petitioners-Shamsher and

Gautam is 40 gms and 45 gms respectively, which is below commercial quantity Learned Public Prosecutor has opposed the bail application.

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 accused petitioners under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioners Shamsher Khan S/o Hamid Khan and

Gautam S/o Kalu Harmore shall be released on bail in connection with FIR No.435/2020 of Police Station Sagwara, District Dungarpur provided each

of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.