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2011 DIGILAW 504 (RAJ)

Kripal Singh v. State

2011-03-07

MOHAMMAD RAFIQ

body2011
JUDGMENT 1. - Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. 2. Contention of the learned counsel for the petitioner is that allegation against the petitioner was that he received from other co-accused a sum of Rs. 5,00,000/- in different instalments and assured that he would procure poppy straw. It is argued that no recovery whatsoever was made from the petitioner and for that matter from other co-accused of any contraband. Challan against the co-accused has been filed and they have been acquitted by the Court of Special Judge, NDPS Cases, Jhalawar by judgement dated 28.5.2008. Challan was filed under Section 299 of the Cr.P.C. and the fact is that petitioner never absconded. He is in jail for last one month, trial of the case may take long and there is no criminal case ever registered against him. 3. Learned Public Prosecutor has opposed the bail application. 4. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on bail. 5. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Kripal Singh S/o Udai Singh shall be released on bail in F.I.R. No. 182/07, P.S. Bhawani Mandi, Jhalawar for offence under section 8/28, 29 and 30 of the NDPS Act to his furnishing a personal bond in the sum of Rs. 30,000/- together with two sureties in the sum of Rs. 15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial.Application Allowed. *******