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Judgment
Rameshwar Vyas, J
These bail applications have been filed under Section 439 Cr.P.C. by the petitioners for grant of regular bail in connection with FIR No. 275/2020 registered at Police Station Kotwali, District Barmer, for offences punishable under Sections 489A, 489B, 489C, 120-B, 201 IPC and Section 8/21 and 29 of NDPS Act.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the petitioners submit that as per Forensic Science Laboratory Report dated 19.3.2021, in the samples contained in packet C-1, D-1 and E-1 the presence of Heroine (Diacetylmorphine) was not detected. Hence, the allegation against the petitioners Moola Ram and Khandu Khan that they possessed Heroine has been disproved. Learned counsel further submits that Ram Pratap Singh, SHO, in his cross-examination admitted that no forged currency was recovered from the possession of Bahadur Khan, Sawan Khan, Bachchu Khan and Khandu Khan. Counsel further submits that except Akbhar Khan, there is no allegation against the present petitioners for possessing the forged currency. Co-accused Shoukat Ali, Mahendra Kumar, Ajiz @ Ajiya have already been enlarged on bail. In the above circumstances, learned counsel for the petitioners pray to grant bail application.
On the other hand, learned Public Prosecutor has opposed the bail application.
Having regard to the rival submission made by the learned counsel for the parties and material available on record, in the facts and circumstances of the case, particularly looking to the fact that Heroine (Diacetylmorphine) was not found in the samples as per FSL report, without expressing any opinion on merits of the case, this Court deems it just and proper to enlarge the accused-petitioners on bail under Section 439 Cr.P.C.
Accordingly, bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the petitioners (1) Moola Ram S/o Jala Ram; (2) Bachchu Khan S/o Arab Khan; (3) Bahadur Ali @ Badal S/o Surab Khan; and (4) Khandu Khan S/o Shri Hoth Khan, who are in custody in connection with FIR No. 275/2020 registered at Police Station Kotwali, District Barmer, shall be released on bail provided they shall execute personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with two sound & solvent sureties of Rs.25,000/- each, to the satisfaction of learned trial court for their appearance before that court on each & every date of hearing and whenever called upon to do so.