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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the case diary.
The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.455/2014, registered at Police Station Pindwara, District Sirohi for the offences under Sections 8 / 15 and 8 / 29 of the NDPS Act.
The recovery of contraband poppy straw weighing in excess of 43 quintals was effected from the accused Lacha Ram. Lacha Ram during his interrogation gave an information to the I.O. that the poppy straw was to be handed over to the present petitioner.
However, no incriminating recovery or discovery appears to be made in pursuance to such information. Co-accused Jagannath from whom, some mobile sims etc. were recovered and who is alleged to have escorted the said Lacha Ram, has been granted bail by this Court on 16.8.2016. Though the petitioner is implicated in one more case under the NDPS Act but the said case pertains to recovery of 12 kgs. of poppy straw and that too from the possession of Nimba Ram. The extent of admissibility of information given by Lacha Ram on the strength whereof, the petitioner has been implicated in this case is to be appreciated by the trial Court.
In this background and having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Thakra Ram arrested in connection with the F.I.R. No.455/2014, registered at Police Station Pindwara, District Sirohi shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.