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Judgment
Petitioner has filed this bail application under Section 439 of Cr.P.C.
F.I.R. No. 08/2021 was registered at Police Station Muhana Jaipur South for offence under Sections 8, 20 of NDPS Act and Section 19/54, 16/54
of Rajasthan Excise Act.
It is contended by counsel for the petitioner that petitioner is a female. Recovered contraband is less than commercial quantity. The criminal
antecedent pertained to a case of small quantity. It is not yet established that the recovered contraband falls within the definition of Ganja. It is also
contended that the recovery was effected after sunset and no independent witnesses were available at the time of recovery.
Learned Public Prosecutor has opposed the bail application.
I have considered the contentions.
Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.
This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond
in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the
satisfaction of the learned trial court with the stipulation that she shall appear before that Court and any court to which the matter is transferred, on all
subsequent dates of hearing and as and when called upon to do so.
However, It is made clear that if the petitioner repeats the offence, State would be free to move bail application for cancellation of bail before the
concerned Court.