JUDGMENT 1. - Heard. Perused the challan papers. 2. It is alleged that on 24.4.94 on receiving source information, S.H.O., Police Station, Gangrar led a `Naka-Bandi' on the Kucha way going from Sadas to Dhatol, that at about 7 p.m. the police party saw five persons coming from Dhatol, each of them carrying a bag. When the S.H.O. asked them to stop, those five persons attempted to inflict lathi and axe blows on the police party and tried to run away. Out of them two persons, namely co-accused Bhakar Ram and Prem Singh were apprehended by the police party. However, three other persons leaving their respective bags fled away and made good their escape. It is the case of the prosecution that co-accused Bhakar Ram and Prem Singh on interrogation disclosed that those persons were Bhagwana Ram Bhisnoi resident of Datiwada, Bhoja Ram Vishnoi resident of Bomarla and Girdhari Vishnoi resident of Bisalpur. It is alleged that each of the bags left by those three persons contained 3 Kg. & 300 gms. of opium. Petitioner was arrested on 17.11.94, but the 1.0 did not care to arrange for his test identification parade. The co-accused persons also did not disclose the father's name of the petitioner. Admittedly the said contraband opium was not recovered from the actual possession of the petitioner. There is no other evidence to connect the petitioner with the crime. 3. In such circumstances, keeping in view the provisions of section 37 of the N.D.P.S. Act as also the facts and circumstances of this case, I feel that it will be just and proper to grant bail to the petitioner. 4. Accordingly this bail petition is allowed and it is ordered that petitioner Girdhari be released on bail provided he executes his personal bond for a sum of Rs. 20,000/- (Rs. twenty thousand) and furnishes two sound and substantial sureties for a sum of Rs. 10,000/- each to the satisfaction of the learned Special Judge, N.D.P.S. Act Case (Addl. Sessions Judge), Chittorgarh for his regular appearance before him in Sessions Case No. 177/94 on each and every date of hearing and whenever ordered to do so. The petitioner shall also give a written undertaking to the effect that he shall keep peace and be of good behaviour and shall not commit any offence punishable under the N.D.P.S. Act during the trial of this case.Bail allowed. *******