SB Crlm2ndb No.5990/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.2nd BAIL APPLICATION NO.5990/2010. Kalu Lal Vs. State of Rajasthan Date of order : July 6, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ali Mohd.Khan for petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for petitioner is that first bail application of the petitioner was rejected at the stage when the challan was yet not filed, however with liberty to apply again after filing of the challan. Now, the challan has been filed in which, petitioner was found in possession 850 gm of Opium which is far lesser than the commercial quantity which is 2.5 kg. It is contended that another co-accused in the same FIR Shambhu Dayal who was found in possession of 28.75 gm of Heroin has already been enlarged on bail. Except the present one, no other criminal case is pending against the petitioner. He is in jail since 9/4/2010. Challan has been filed. Trial of the case is likely to take a long. SB Crlm2ndb No.5990/10. 2 Learned Public Prosecutor has opposed the bail application. Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail. In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Kalu Lal S/o Ram Karan shall be released on bail in FIR No.208/2010 P.S. Gumanpura, District Kota for offence u/Ss.8/18 and 8/21 of the NDPS Act on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trialwith the stipulation that he shall not repeat such offence in future and in case, he is again found committing similar offence, prosecution will be at liberty to apply for cancellation of his bail on this ground alone. (MOHAMMAD RAFIQ), J. anil