Khema Ram vs State

Madan Gopal Vyas, J

This bail application under Section 439 Cr.P.C. is laid by petitioner in connection with an FIR No.42/2022 registered at Police Station Asop, District Jodhpur, wherein he is charged for offences punishable under Sections 8/15 of NDPS Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He also submits that there is no recovery from the conscious possession of the petitioner and he is in judicial custody since considerable time. He further submitted that there are no criminal antecedents. The conclusion of the trial will take time, therefore, benefit of bail may be granted to the petitioner.

Learned Public Prosecutor opposed the bail application and submitted that petitioner is a habitual offender.

Having heard learned counsel for the parties and considering the fact that there is no recovery from the conscious possession of the petitioner, without expressing any opinion on merits of the case, this Court deems it just and appropriate to grant indulgence to the petitioner by enlarging him on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Khema Ram S/o Shri Girdhari Ram arrested in connection with F.I.R. No. 42/2022, Police Station Asop, District Jodhpur, may be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds of Rs.50,000/- each to the satisfaction of 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.