SB Crlmb No.3073/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.3073/2010. Balchand Vs. State of Rajasthan Date of order : 18/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjay Kumar Sharma for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ****** Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me. Learned counsel for the petitioner has argued that the only allegation against the petitioner is that he was apprehended supplying contraband Meskalin to co-accused Jahid but in the report of the Forensic Science Laboratory, assertion of the prosecution has been found negative. It is contended that petitioner has been arrested only on the basis of information given by co-accused Jahid and on consideration of this argument, already other co-accused Sunil Kumar, who too was arrested on the basis of such statement made by same co-accused Jahid, has already been enlarged on bail vide order of the co-ordinate bench of this court dated 8/1/2008 passed in S.B. Cr.Misc.Bail Application No.7997/2007. Petitioner was arrested on SB Crlmb No.3073/10. 2 18/2/2010, there is no other criminal case pending against him and trial of the case is likely to take long. 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 Balchand S/o Shri Ram Narayan shall be released on bail in FIR No.192/2007 P.S. Bhawanimandi, District Jhalawar for offence u/Ss.8/21 & 8/29 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 trial with 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