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2019 DIGILAW 1110 (RAJ)

Kishan Lal v. State of Rajasthan

2019-04-11

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 141/2017 of Police Station Bhadsoda, District Chittorgarh for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that coaccused Ram Singh has been enlarged on bail by this Court taking into consideration the argument raised on behalf of co-accused Ram Singh that the Seizure Officer did not collecte the sample of seized narcotic contraband in accordance with law as per the law laid down by this Court in the case of Netram v. State of Rajasthan, reported in 2014 (1) Cr.L.R. (Raj.) 163 , wherein this Court observed that there are certain discrepancies in collecting the sample of narcotic contraband by the Seizure Officer. It is submitted that in view of the fact that similarly situated coaccused Ram Singh has already been enlarged on bail, the petitioner is also entitled to be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Kishan Lal S/o Devi Lal Jatiya shall be released on bail in connection with FIR No. 141/2017 of Police Station Bhadsoda, District Chittorgarh provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.