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2019 DIGILAW 564 (RAJ)

Kamal Kumar v. State of Rajasthan

2019-02-18

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. 15/2019 of Police Station Sadar, District Sri Ganganagar for the offence punishable under Section 8/22 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that as per the prosecution story, total 225 Trio-SR tablets containing narcotic substance Tramadol alleged to have been recovered at the instance of petitioner, however, the total weight of the recovered tables is 100 gms., whereas up to 250 gms. of narcotic substance Tramadol is considered as below commercial quantity. 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 - Kamal Kumar S/o Omprakash shall be released on bail in connection with FIR No. 15/2019 of Police Station Sadar, District Sri Ganganagar 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.