// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In 1. S.B. Cr. Misc. Bail Application No.3302/2009 {Sunni @ Umesh Kumar Versus The State of Rajasthan} 2. S.B. Cr. Misc. Bail Application No.3350/2009 {Vipin Kumar Versus The State of Rajasthan} Date of Order ::: 21st July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri R.S. Gill ) Shri HSS Kharlia) counsel for the petitioner(s) Shri Anees Bhurat, PP for the State of Rajasthan #### By the Court: Both the applications arise out of the same FIR, hence they are being disposed of by this common order. The learned counsel for the petitioners contended that investigation in the present case is complete; charge sheet has already been filed; the petitioners are in judicial custody since 26th April, 2009; the quantity of contraband recovered in the present case is of less than commercial quantity as notified in the Notification, therefore, looking to all the facts and circumstances of the case, the petitioners be released on bail The learned PP does not dispute the above facts narrated by the learned counsel for // 2 // the petitioners, particularly that the contraband recovered in the present case is of lessor quantity than the commercial quantity. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow these applications under Section 439, Cr.P.C., hence the same are allowed. It is, therefore, directed that accused-petitioner(s), namely: (i) Sunni @ Umesh Kumar S/o Shri Sudesh Kumar; and (ii) Vipin Kumar S/o Shri Madan Lal, be released on bail under Section 439 Cr.P.C., in F.I.R. No. 254/2009, Police Station Sangaria, District Hanumangarh, registered under Section (s) 8/21 and 8/22 NDPS Act, provided each of them furnishes a personal bond in the sum of Rs. 25,000/-(Rupees Twenty Five Thousand only) together with one surety of the like amount to the satisfaction of the trial court for their appearance before that Court on all subsequent dates of hearing and as and when called upon to do so. A copy of this order may be placed in connected file. (NARENDRA KUMAR JAIN), J. //DK// // 3 //