Suresh Kumar vs State of Rajasthan

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R.

No.149/2020, Police Station Muklawa, District Sri Ganganagar, registered for the offence under Section 8/15 of N.D.P.S Act.

Heard and considered the arguments advanced by the learned counsel for the petitioner appearing through video conferencing and learned Public

Prosecutor present in person. Perused the material available on record.

Learned counsel for the petitioner stated that recovered contraband Poppy-husk weighing 6 Kg. is below commercial quantity. He further submits that

trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor requested to call for the case diary and antecedents of the accused-petitioner.

In reply, learned counsel for the petitioner stated that no other case is pending against the accused-petitioner.

Since, recovered contraband is below commercial quantity and learned counsel for the petitioner stated at Bar, that no other case is pending against

him.

Having regard to the facts and circumstances of the case, particularly to the fact that no other case is pending against the accused-petitioner, as

mentioned above and further investigation and trial will take sufficiently long time, therefore, 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. In case, any other case is found against

the accused-petitioner, prosecution will be free to file application for cancellation of bail.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Suresh Kumar S/o Sh. Om Prakash, arrested in connection with

F.I.R. No.149/2020, Police Station Muklawa, District Sri Ganganagar, shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/-

and two sound and solvent 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.