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2023 DIGILAW 414 (RAJ)

Chandraprakash v. State of Rajasthan

2023-02-04

KULDEEP MATHUR

body2023
JUDGMENT Kuldeep Mathur, J. - Heard learned counsel for the petitioners and perused the case file as well as material available on record. 2. The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with F.I.R. No.175/2022, registered at Police Station Chhoti Sadri, District Pratapgarh, for the offences punishable under Sections 8/18 & 29 NDPS Act. 3. Learned counsel for the petitioners submits that opium weighing 5 Kg 509 gram was recovered from the conscious possession of the co-accused Chauth Ram and Shyam Lal. Learned counsel further submits that both Chauth Ram and Shyam Lal in their statement under Section 27 of the Indian Evidence Act have made a disclosure that they purchased 2 Kg opium from the present petitioners. Lastly, it was submitted by learned counsel that in view of the fact that only 2 Kg of opium was procured from the petitioners, which is below commercial quantity, the petitioners deserve the benefit of bail. Challan in the case has already been filed. The accused-petitioners are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioners. 4. Learned Public Prosecutor has opposed the bail application. 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 petitioners under Section 439 Cr.P.C. 5. Accordingly, the bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Chandraprakash S/o Shri Kaluram and Samrath S/o Sh. Shriram shall be released on bail in connection with F.I.R. No.175/2022, registered at Police Station Chhoti Sadri, District Pratapgarh provided each of them executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.