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2019 DIGILAW 1232 (RAJ)

Vicky Khanna v. State of Rajasthan

2019-04-25

PANKAJ BHANDARI

body2019
JUDGMENT : PANKAJ BHANDARI, J. Petitioner has filed this second bail application under Section 439 of Cr.P.C. 2. F.I.R. No. 164/2017 was registered at Police Station Nasirabad Sadar, District Ajmer, for offence under Sections 8/15, 8/25 of N.D.P.S. Act. 3. It is contended by counsel for the petitioner that the first bail application was rejected by the Court on 22.01.2018. A direction was given to the trial Court to expedite the disposal of the case. Out of list on 23 witnesses, only six witnesses have been examined so far. It is also contended that the Seizure Officer has deposed before the Court that the contraband was weighed with the baggage. It is contended that the commercial quantity is 50kg. As per the seizure memo, recovered contraband was 53kg and 500gms including the weight of the baggage. It is also contended that petitioner is not having any criminal antecedents of like nature. 4. Learned Public Prosecutor has opposed the second bail application. 5. I have considered the contentions. 6. Considering the contentions of counsel for the petitioner as also the fact that the weight of baggage is also included in the weight of contraband and gross weight is just above commercial quantity also considering the fact that the trial has not concluded, inspite of directions issued by the Court and only six witnesses have been examined so far, I deem it proper to allow the second bail application. 7. This second bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. Copy of this order be sent to the concerned Court by fax/email today itself with a direction to serve a photostat copy of the same to the petitioner and an additional copy of this order be also sent to the concerned Court by ordinary process.