1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. 2nd Bail Application No. 7192/2009 Akhalak vs. State of Rajasthan Dated : 17.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Abdul Rahim Khan, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. This order governs the disposal of second bail application filed under Section 439 of Cr.P.C. by Mr. Abdul Rahim Khan Advocate on behalf of the applicant Akhalak pertaining to F.I.R. No. 308/2009 of police station Nayapura, Kota, in the offence under Section 8/20 of N.D.P.S. Act. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that only 65 gms and 150 mlgm Charas is alleged to have been recovered from the possession of the petitioner, which is less than the small quantity, for which, only a punishment of six months imprisonment has been prescribed under the law. The petitioner has been in custody for the last three months. The police, after completion of investigation, has filed the charge-sheet, which is pending trial and the trial is likely to take time, as such, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition. 2 5. Having considered the submissions made at the Bar and after taking into consideration all the facts and circumstances of the case, it is found that the quantity of Charas recovered from the possession of the petitioner is found to be less than the small quantity. In earlier bail order passed by this Court on 26.08.2009, it was recorded that the recovered Charas was a bit more than the small quantity but much less than the commercial quantity and on this ground, his bail petition was dismissed. But the fact is that even less than the small quantity of Charas has been recovered from the possession of the petitioner, hence, I, without expressing any opinion on the merits of the case, do feel inclined to grant indulgence of bail to the petitioners and the bail petition is ordered to be allowed. 6. It is, therefore, ordered that the accused petitioner Akhalak S/o. Sakil in F.I.R. No. 308/2009 of police station Nayapura, Kota, shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each in the sum of Rs. 25,000/- to the satisfaction of the learned trial court with the stipulation that he shall appear before that court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- s-31