Shyamlal 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.90/2024, registered at Police Station Osian, District Jodhpur Rural, for the offence under Sections 8/22 of NDPS.

Learned counsel for the petitioner submitted that as per the prosecution, contraband Mephedrone (MD) weighing 14.40 gms. was recovered from the residential house of the present petitioner. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case.

Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, Learned Public Prosecutor has vehemently opposed the bail application.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

This Court vide order dated 02.05.2024, directed the learned Public Prosecutor to procure the FSL report. In compliance of the order dated 02.05.2024, learned Public Prosecutor has produced the FSL report dated 02.05.2024 for the perusal of this Court. The FSL report dated 02.05.2024 indicates that the sample of the recovered contraband gave positive tests for the presence of Mephedrone (4- Methylmethcathinone).

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that since as per the FSL report dated 02.05.2024, the sample of the recovered contraband gave positive tests for the presence of Mephedrone (4- Methylmethcathinone) therefore, the recovered contraband would be below commercial quantity. 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 Shyamlal S/o Sundaram arrested in connection with F.I.R. No.90/2024, registered at Police Station Osian, District Jodhpur Rural, 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.