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Judgment
This second bail application has been filed under Section 439 CrPC in connection with FIR No.302/2020 registered at Police Station- Vigyan Nagar,
Dist. Kota City for the offences under Section 8/21 & 8/29 of the NDPS Act, 1985.
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State.
Learned counsel for the petitioner submits that the charge- sheet has been filed. The smack of 21gms was recovered from one
-Maksood ali who has stated that he has collected the said smack from some other place and not from the petitioner but the petitioner has been shown
to be involved in the matter.
Learned counsel further submits that the smack recovered is less than commercial quantity.
Learned Public Prosecutor has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case and the fact that trial is likely to take time but without expressing any opinion
on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on bail.
Therefore, the second bail application is allowed and it is ordered that accused petitioner Shanu@asgar Ali S/o Mohammad Rashid shall be released
on bail under Section 439 CrPC in connection with aforesaid FIR provided he furnishes a personal bond of Rs.20,000/- with two sureties in the like
amount to the satisfaction of the concerned Magistrate with the stipulation that he shall comply with all the conditions laid down under Section 437(3)
Cr.P.C.