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2009 DIGILAW 151 (RAJ)

Rajendra Kumar v. State of Rajasthan

2009-01-19

M.N.BHANDARI

body2009
JUDGMENT 1. - Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the record of the case. 2. Learned counsel for the petitioner submits that the contraband so recovered from the petitioner is little higher than the small quantity provided under the Schedule appended to the NDPS Act and otherwise no previous case is pending against the petitioner. It is stated that the petitioner will not involve himself in same or similar offence in future or during the period of bail, if the same is granted. Looking to the aforesaid, it is prayed that the petitioner may be enlarged on bail. 3. Learned Public Prosecutor, on the other hand, has opposed this bail application. 4. After considering all the facts and circumstances of the case and without expressing any opinion on merits of the case, I consider it just and proper to release the accused-petitioner namely, Rajendra Kumar s/o Madhu Lal on ball under Section 439 Cr. P.C. in FIR No. 105/2008 registered at Police Station G.R.P. Kota for offence under Section 8/18 of the NDPS Act provided, he furnishes a personal bond in the sum of Rs. 30,000/- together with one surety in the like amount to the satisfaction of the learned trial court for his appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. 5. It is, however, made clear that if the petitioner is found committing same or similar offence or any other type of offence during the period of bail then not only the prosecution would be at liberty to seek cancellation of this bail order but the Investigation Officer is also directed to inform about the same to this Court if any case is registered against the petitioner. Copy of this order may be sent to the Investigation Officer concerned for necessary information and compliance if so required. *******