Jalaram S/o Hariram vs State of Rajasthan

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

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.13/2017, Police Station Karda for the offence under Section 8 / 15 N.D.P.S. Act.

Counsel for the petitioner contends that the petitioner is in custody since 27.01.2017 with the allegation that he was found in possession of 5 Kg. Poppy husk. As per case diary, the petitioner does not have any criminal antecedents. The recovered contraband is well below the commercial quantity and thus, the restriction contained in Section 37 of the NDPS Act does not operate to the petitioner is prejudice. He thus prays that the petitioner deserves to be released on the bail.

Learned P.P. vehemently opposes the submissions advanced by the petitioner's counsel.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar but without expressing any opinion on the merits 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 is allowed. It is ordered that the accused-petitioner, Jala Ram arrested in connection with F.I.R. No.13/2017, Police Station Karda shall be released on bail; provided he furnishes a personal bond of Rs.80,000/- and two surety bonds of Rs.40,000/- 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.