AI Structured Summary
Not yet generated for this judgment
Judgment
Madan Gopal Vyas, J
The petitioners have been arrested in connection with FIR No.25/2023 of Police Station Sadar Barmer, District Barmer for the offence punishable under Sections 8/18 of NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.
Mr. Mala Ram, uncle of the petitioners submits that the petitioners have falsely been implicated in the present case and the recovered contraband is below commercial quantity. The accused-petitioners are behind bars and the trial of the case will take time. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner- Mangi Lal is a habitual offender.
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 petitioners under Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioners (1) Prakash S/o Girdhari Ram (2)Kamlesh Luhar S/o Lobhchand Luhar (3) Mangi Lal S/o Khartha Ram shall be released on bail in connection with FIR No.25/2023 of Police Station Sadar Barmer, District Barmer provided they execute a personal bond in a sum of Rs.1,00,000/- each with two sound and solvent sureties of Rs.50,000/- to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.