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Judgment
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner Sanjay S/o Radheshyam Meghwal, who is in custody in connection with FIR No.33/2019 registered at the Police Station Javda, District Chittorgarh for the offences under Sections 8/15 and 29 of the NDPS Act and under Section 3/25 of the Arms Act.
Heard.
Perused the material available on record. Contraband Poppy straw weighing 57 Kgs 800 gms and fire arm were recovered from a White colour Hundai Verna Car No.MP- 43 C-2501. On the basis of the documents of the car, its owner Gopal Lal Dhakad was arrested. During his interrogation, he named the petitioner as the person who had supplied the contraband poppy straw. Apparently, the only evidence collected against the petitioner till date is in form of the interrogation note of the co-accused recorded by the police officer, the admissibility whereof is questionable. As per the case diary, petitioner does not have any criminal antecedents.
In this view of the matter and having regard to the facts and circumstances of the case, I am inclined to accept this bail application and release the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner namely Sanjay S/o Radheshyam Meghwal, arrested in connection with F.I.R. No.33/2019, Police Station Javda, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.