Shiv Raj vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.64/2024, registered at Police Station Kareda, District Bhilwara, for the offences under Section 8/29 of the NDPS Act.

Heard learned Public Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that as per prosecution, a recovery of contraband (Ganja) weighing 20.290 Kgs. was effected from the conscious possession of the co-accused Suresh Teli. The commercial quantity of Ganja, as provided under the NDPS, Act is 20 Kgs and thus, the recovered contraband is only 290 gms. higher than the prescribed commercial quantity.

This Court also prima facie finds that the co-accused Suresh Teli (S.B. Criminal Miscellaneous Bail Application No.2880/2024) from whose conscious possession contraband (Ganja) was recovered has already been enlarged on bail by this Court vide order dated 07.03.2024.

This Court also prima facie finds that the petitioner is not involved in any other case of similar nature. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Shiv Raj S/o Devi Lal Lohar, arrested in connection with F.I.R. No.64/2024, registered at Police Station Kareda, District Bhilwara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.