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Judgment
Madan Gopal Vyas, J
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 FIR No. 172/2023, Police Station - Bhopalgarh, District - Jodhpur Rural for the offence under Section 8/15 of NDPS Act.
2) Heard learned counsel for the parties. Perused the material available on record.
3) Learned counsel for the petitioner submitted that as per the prosecution story, 56.03 kilo gram of poppy straw was recovered from eight bags. It is further submitted that if the weight of bags is excluded from the total weight, there is all possibility that the total weight of the contraband is marginally excessive to the commercial quantity. However, in identical matters, the coordinate Bench of this Court has granted benefit of bail. Learned counsel has produced copy of the orders dated 08.05.2024, 11.06.2020, 09.01.2018, 16.12.2022, 19.05.2021, 27.02.2018, 21.06.2023, 14.12.2015 and 15.02.2018 passed in identical bail applications to buttress his arguments.
4) Learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the petitioner.
5) Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
6) Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Manphool S/o Narayanram shall be released on bail in connection with FIR No. 172/2023, Police Station - Bhopalgarh, District - Jodhpur Rural, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.