Afzal vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.34/2022, registered at Police Station Hathuniya, District Pratapgarh, for offence under Section 8/21 of the N.D.P.S. Act.

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

Learned counsel for the petitioner submits that the contraband recovered is below commercial quantity and no other cases are pending against him. Counsel further submits that charge sheet has already been filed. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor is not in a position to refute the submissions made by learned counsel for the petitioner.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on 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 under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Afzal S/o Julfikar @ Julfikar Ali arrested in connection with F.I.R. No.34/2022, registered at Police Station Hathuniya, District Pratapgarh shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/-(Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.