Suresh vs State Of Rajasthan

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.122/2019, Police Station Shambhupura, District Chittorgarh for the offences under Sections 8/29 NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

Learned counsel for the petitioner submits that the recovered quantity of poppy straw weighing 31 kg, allegedly recovered from the petitioner is below commercial quantity and, thus, provisions of Section 37 of NDPS are not attracted. It is further submitted that the co-accused Sanjay has been enlarged on bail by the co- ordinate Bench of this Court vide order dated 01.08.2019, passed in S.B. Criminal Misc. Bail Application No.9057/2019. He further submits that the contraband was not even recovered from the petitioner's conscious possession and he was implicated only on the basis of statement of co-accused.

Learned Public Prosecutor vehemently opposed this bail application.

Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner Suresh S/o Pukha Ram Jat, arrested in connection with FIR No.122/2019, Police Station Shambhupura, District Chittorgarh shall be released on bail; provided he executes personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- 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.