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Judgment
This Criminal Misc. Bail Application has been brought under Section 439 of Cr.P.C., seeking regular bail in connection with FIR No. 55/2020 registered with Police Station Mandhan, Police District Bhiwadi, District Alwar for offence under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985.
Heard learned counsel for the accused petitioner and perused the record.
It has been submitted on behalf of petitioner that the first application was rejected on 12.06.2020, at that time charge-sheet was not filed before the trial court. Now the charge-sheet has been filed. Recovered quantity of contraband (ganja) is 1 kg 775 gram, which is less than the commercial quantity and slightly high of small quantity. There are no other cases of similar nature. Trial of the case will take time.
Learned Public Prosecutor has opposed the bail application.
I have considered the contentions.
On consideration of arguments/submissions of both the parties, perusal of material on record and looking to overall facts and circumstances and quantity of recovered contraband which is less than commercial quantity and slightly above small quantity, but without commenting upon detailed merits of the case, this court deems it fit to enlarge the accused on bail.
Therefore, the bail application is allowed. Accused-petitioner Jagdish Saini son of Ramavtar Saini shall be released on bail in FIR No. 55/2020 registered at Police Station Mandhan, Police District Bhiwadi, District Alwar if he is not wanted in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the 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.