CRLMB3666/2010 CRLMB2982/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Cr. Misc. Bail Application No.3666/2010 Rang Lal Vs. State of Rajasthan through Public Prosecutor AND 2. S.B. Cr. Misc. Bail Application No.2982/2010 Allahnoor Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 17.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Dhiraj Singh Jhala Counsel for petitioner Rang Lal Shri Sanjay Kumar Sharma, Counsel for petitioner Allahnoor Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Learned counsel for petitioners argued that while recovery of opium less than the commercial quantity i.e. 1.5 Kg has been shown at the instance of accused-petitioner Allahnoor; the accused- petitioner Rang Lal has been arrayed as accused on the premise that he received the contraband from him; the accused-petitioners are in jail sicne 05.04.2009 and 15.02.2010, respectively, for the offence under Sections 8/28 and 8/29 of the NDPS Act and there is no other case pending against them; challan has already been filed; trial of the case is likely to take a long time. Learned Public Prosecutor opposed the bail application. After considering all the facts and CRLMB3666/2010 CRLMB2982/2010 // 2 // circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioners, namely, (1) Rang Lal Son of Moti Lal and (2) Allahnoor Son of Firoz Khan on bail under Section 439 Cr.P.C., in FIR No.29/2010, Police Station Raipur, District Jhalawar, provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties of Rs.25000/- each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case petitioners are found involved in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of their bail. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//