Deepak Kumar vs State

Devendra Kachhawaha, J

Copy of FIR submitted by the learned counsel for the petitioner on 29.03.2022, therefore, defects pointed out by Registry is overruled.

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. 86/2022, Police Station Kotwali, District Jaisalmer, registered for the offence under Section 8/22 of the NDPS Act.

Learned counsel appearing for the petitioner stated that it is alleged, as per the prosecution that 630 tablets of Tramadol weighing 173.25 grams has been recovered from the accused-petitioner, which is below commercial quantity; the accused-petitioner is behind the bars since 08.03.2022; and that the trial will take time, therefore, benefit of bail may be granted to the present accused-petitioner.

On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner.

Heard and considered the arguments advanced by the learned counsel appearing for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances of the case, particularly to the facts that the recovered contraband substance is below commercial quantity; that no other case is pending against the accused-petitioner; and that the 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.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner, deepak Kumar S/o Shri Kewal Chand, arrested in connection with F.I.R. No. 86/2022, Police Station Kotwali, District Jaisalmer, shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- and two sound and solvent surety bonds 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.