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2007 DIGILAW 2409 (RAJ)

Puroshottam v. State of Rajasthan

2007-12-19

RAGHUVENDRA S.RATHORE

body2007
JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor for State and also perused the material on record. 2. This is second bail application filed by the petitioner on the ground that the investigation is complete and the challan in this case had been filed on 12.10.2007. The earlier bail application filed by the petitioner was withdrawn at that stage, on 29.09.2007. 3. Learned counsel for the petitioner submits that no offence is made out against the petitioner. He has further submitted that the petitioner has been illegally implicated in this case, without there being any legal evidence against him. He has relied upon the cases reported in 2007 R.C.C. (Supreme Court) 825 and 2007 R.C.C. (Supreme Court) 248. He has also submitted that the conclusion of the investigation agency itself, as against the petitioner, is under Section 8/29 of the NDPS Act, whereas the main accused is Dinesh @ Bablu, who was caught on the spot and from whom the contraband was recovered. He has been charged for the offence under Section 8/21 of the NDPS Act. 4. Learned Public Prosecutor has opposed the bail application. 5. I have taken into consideration the aforesaid facts and circumstances of the case and also the evidence on record filed along with the challan. The petitioner is in custody since 13.06.2007. Undisputedly, it was Dinesh @ Bablu, who was caught on the spot and it is from him that the contraband was seized. The petitioner seems to have been implicated on account of the statement given by the co-accused Dinesh, after his arrest, that he had purchased the contraband from him. 6. In view of the aforesaid facts and circumstances, I deem it just and proper to now enlarge the petitioner on bail. 7. It is ordered that the accused petitioner Pushottam S/o Badri Lal Brahmin, in F.I.R. No. 116/2007, Police Station, Chhipabarod, shall be released on bail, provided he furnishes a personal bond of Rs. 1,00,000/- and two sureties bonds of Rs. 50,000/- 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.Appeal disposed of accordingly. *******