1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. IIIrd Bail Application No. 6144/2009 Kanhaiya lal vs. State of Rajasthan Dated : 18.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Vinay Pal Yadav, for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. This order governs the disposal of third bail application filed under Section 439 of Cr.P.C. by Mr. Vinay Pal Yadav Advocate on behalf of the applicant Kanhaiya lal pertaining to F.I.R. No. 619/2008 at police station Behror, District Alwar in the offences under Sections 8/20 of N.D.P.S. Act. 2. Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the State and perused the relevant material available on record. 3. Learned counsel for the petitioner has canvassed that the recovery of alleged Ganga has been made from the accused Maaman Singh on 20.03.2009. He had inadvertently put a wrong argument that a false recovery of 1.700 kgm Ganga was shown from the possession of the petitioner. In fact, the petitioner has been made an accused in this case on the basis of information supplied by the co-accused Maaman Singh that he had purchased this Ganja from him against Rs. 6,700/-. The petitioner has been falsely implicated and is in no way connected with the offence under Section 8/20 of N.D.P.S. Act, as such, he may be granted indulgence of 2 bail. 4. Learned Public Prosecutor has opposed the bail petition on the ground that there is one more criminal case pending against him. He is habitual offender, as such, his bail petition may be dismissed. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that the recovery of alleged Ganga in fact, is found to have been made from the possession of co- accused Maaman Singh. No recovery is found to have been made from or at the instance of the petitioner in this case, hence, under these changed circumstances, I, without expressing any opinion on the merits of the case, do deem it just and proper to grant indulgence of bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Kanhaiya lal S/o. Sh. Rudmal in F.I.R. No. 619/2008 at police station Behror, District Alwar shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- together with two surety bonds each in the sum of Rs. 10,000/- 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/- 37