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2019 DIGILAW 3083 (RAJ)

Ladhuram v. State of Rajasthan

2019-12-18

ABHAY CHATURVEDI

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JUDGMENT Abhay Chaturvedi, J. - This bail application under Section 439 Cr.P.C. is laid by petitioner in connection with an FIR, wherein he is charged for offence punishable under Sections 8/21, 29 of the NDPS Act. 2. Learned counsel for the petitioner submits that accusedpetitioner has falsely been involved in the matter as he is sought to be implicated on the basis of statement of co-accused-Naresh Kumar. It is further contended that in fact, the alleged recovery of contraband was not made from the conscious possession of accused-petitioner. Lastly, the learned counsel submits that the main accused-Naresh Kumar, from whom the contraband was recovered, has already been enlarged on bail by this Court vide order dated 04.10.2019. Therefore, the benefit of bail may be granted to the accused-petitioner. 3. Learned Public Prosecutor has opposed the bail application. 4. Having heard learned counsel for the parties and taking into account facts and circumstances of the case, without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to accused-petitioner by enlarging him on bail. 5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner Ladhuram S/o Sh. Danaram, arrested in connection with F.I.R. No.80/2019, Police Station Karda, District Jalore, 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.