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Judgment
17 paragraphs · 323 wordsThis Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 184/2019
registered with Police Station Asnawar, District Jhalawar for the offence punishable under Sections 8/15 of NDPS Act.
It has been argued on behalf of the petitioner that he has been falsely implicated in this case. On the basis of statement of co-accused-Shankar Lal,
the recovered quantity is less than the commercial quantity. The contraband was recovered from the possession of co-accused-Shankar Lal S/o Devi
Lal, who has already been released on bail by a co-ordinate bench of this court on 21.11.2019. Similarly, the other co-accused, Subhash S/o Durga
Lal, has already been granted benefit of bail under Section 439 of Cr.P.C. Petitioner's case is on better footing than the other co-accused-Shankar Lal
S/o Devi Lal.
Learned Public Prosecutor has opposed the bail application.
Heard learned counsel for the petitioner as well as learned Public Prosecutor, perused the material available on record.
On consideration of the arguments/submissions of both the parties, perusal of material available on record, nature of accusations and looking to the
overall facts and circumstances of the case, but without commenting upon detailed merits of the case, this court deems just and proper to enlarge the
accused petitioner on bail.
Accordingly, the bail application is allowed. Accused petitioner Shankarlal S/o Pokhar, be released on bail in FIR No. 184/2019, registered with
Police Station Asnawar, District Jhalawar, if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs. 1,00,000/-
(One Lakh) together with two sureties in the sum of Rs. 50,000/- (fifty thousand) each to the satisfaction of learned trial court with the stipulation that
he shall appear before that court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to
do so.
