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Judgment
Narendra Kumar Jain, J.—Heard learned Counsel for the Applicant as well as learned Public Prosecutor and perused the material available on record. The Applicant is accused of offence under Sections 8/18 and 29 of NDPS Act.
Learned Counsel for the Applicant submits that co-accused person, Shrawan Kumar has been granted bail by this Court u/s 439 Code of Criminal Procedure vide order dated 02.06.2011 in S.B. Criminal Misc. Bail Application No. 3739/2011. He further submits that another co-accused, namely, Madan Lal has also been released on bail by this Court vide order dated 17.06.2011 in S.B. Criminal Misc. Bail Application No. 4045/2011. He further submitted that recovered contraband is less than the commercial quantity, therefore, the present accused Applicant may also be released on bail.
Learned Public Prosecutor vehemently opposed this bail application.
Having considered all the relevant facts and circumstances of the case and considering the fact that co-accused persons have also been enlarged on bail and recovered contraband being below commercial quantity, so also, the case of the Applicant is also similar to that of co-accused persons, therefore, without expressing any opinion on the merits of the case, I consider it a fit case to grant bail to the Applicant-accused u/s 439 Code of Criminal Procedure.
Accordingly, this bail application is allowed and it is directed that Applicant - Surendra Singh S/o Mohan Singh @ Mohatbat Singh shall be released on bail in FIR No. 29/2011, Police Station Jai Narayan Vyas Colony, District Bikaner provided he executes a personal bond in the sum of Rs. 40,000/- along with two sureties of Rs. 20,000/- each, to the satisfaction of the learned trial court on usual conditions and he shall appear before the trial court on each and every date of hearing and whenever called upon to do so till the completion of the trial.