1 S.B.Cr.Misc. Bail App. No. 3763/07 (Bhagwan Lal Vs. State of Rajasthan) Date of order : 23/08/2007 HON'BLE MR.H.R.PANWAR, J. Mr. Manish Pitaliya for the petitioner. Mr. Ashok Upadhyay, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and police investigation diary. It is contended by learned counsel for the petitioner that nothing has been recovered from the present petitioner. It is further contended that co-accused Mohan Lal who alleged to have sold 7 kg of opium has already been granted bail by Co-ordinate Bench of this Court vide order dated 17.8.2007 in S.B.Cr. Misc. Bail Application No.3502/07. The allegation against the present petitioner is that he took the accused persons Kishanlal, Dhanraj, Kalu, Sadiq and Raju to his relative Mohanlal and it was Mohanlal who alleged to have sold seven kg of opium to Kishanlal, Sadiq, Dhanraj, Kalu and Raju. Nothing has been recovered from the present petitioner. Looking to the facts and circumstances of the case and the fact that nothing has been recovered from the present petitioner and co- accused Mohanlal has been granted bail by Co-ordinate Bench of this Court vide order dated 17.8.07 and it is not the case of the prosecution that the petitioner was in possession of opium, having considered the oral arguments advanced by both the parties, without 2 expressing any opinion on the merit of the case, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Bhagwal Lal S/o Sita Ram Dhakad be released on bail in FIR No. 25/07 P.S. Kanera, district Chittorgarh, provided he executes a personal bond for a sum of Rs. 20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- 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. (H.R.PANWAR), J. RP