Ranglal S/o Shri. Botram Meghwal v. State of Rajasthan
2017-12-01
P.K.LOHRA
body2017
DigiLaw.ai
ORDER : P.K. Lohra, J. Accused-petitioner has laid this second bail application under Section 439 Cr.P.C arising out of FIR No. 38/2017 of Police Station Rathanjana, District Pratapgarh for offence under Sections 8/15 and 29 of the NDPS Act. 2. First bail application of petitioner was dismissed as not pressed with liberty to renew prayer afresh after submission of charge-sheet. 3. Arguing on the second bail application, it is submitted by learned counsel that after investigation, charge-sheet in the matter has been filed. Learned counsel has further contended that petitioner is falsely implicated in the matter inasmuch as there is no incriminating evidence against him to show his nexus with the alleged offence. Learned counsel has further submitted that, in fact, during investigation nothing has unfurled against the petitioner and his involvement in the matter is solely based on the statement of co-accused Mukesh, from whom contraband was recovered. Mr. Purohit would contend that although co-accused has shown the petitioner to be supplier of contraband but his this assertion is solely unfounded inasmuch as no other case under the NDPS Act is previously registered against him. By relying on all these material change in the circumstances, learned counsel has argued that the petitioner may be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application of petitioner. It is argued by learned Public Prosecutor that the contraband (poppy straw) recovered in the matter was above commercial quantity, therefore, petitioner is not entitled for bail. 5. I have heard learned counsel for the petitioner, learned Public Prosecutor and perused the materials available on record. 6. Having regard to facts and circumstances of the case and taking into account change in the circumstances, without expressing any opinion on merits of the case, I feel persuaded to enlarge the petitioner on bail. 7. Accordingly, this second bail application under Section 439 Cr.P.C is allowed and it is ordered that accused-petitioner, Ranglal S/o Shri. Botram Meghwal, arrested in connection with F.I.R No. 38/2017 of Police Station Rathanjana, District Pratapgarh, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of 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.