1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.4975/2010 Pradeep Kumar Vs. State Date of order : 25/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vinay Pal Yadav for the petitioner. Shri Amit Punia, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. It is contended by the learned counsel for the petitioner that the alleged offence against the petitioner is under 8/20 of the NDPS Act because recovery of 480 gms of Ganja has been shown to be recovered from him, which is far less than the commercial quantity i.e. 1 kg, according to the scheduled appended to the Act. There is no previous case registered against the petitioner. The petitioner is in jail since 11.4.2010. The maximum sentence, even if the petitioner is convicted, would be six months. Learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it appropriate to enlarge the petitioner on 2 bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Pradeep Kumar S/o Om Prakash shall be released on bail in F.I.R. No.178/2010, P.S. Behror, Distt. Alwar on his furnishing a personal bond in the sum of Rs.30,000/- together with two sureties in the sum of Rs.15,000/- each to the satisfaction of the trial Court for his appearance before that court on all dates of hearing and as and when called upon to do so till conclusion of the trial. However, in case the petitioner is found indulged in similar offence at any point of time, the prosecution would be at liberty to apply for cancellation of his bail before the Court of Sessions itself and the bail would be liable to be cancelled on this ground alone. (MOHAMMAD RAFIQ), J. RS/