1 S.B.CRIMINAL MISC. BAIL APPLICATION NO. 3918/2007 (Champalal Vs. State of Rajasthan) DATE OF ORDER : 19/09/2007 HON'BLE MR.H.R.PANWAR, J. Mr. S.S.Shaktawat for the petitioner. Mr. N.K.Rai, Spl. Public Prosecutor. Heard learned counsel for the petitioner and special Public Prosecutor for the Union of India through Central Bureau of Narcotics. Perused the order impugned. Mainly the case is founded against the petitioner only on the statement of accused Bhuwani Ram under Section 67 of the N.D.P.S. Act. In his statement, the accused clearly stated that he brought the opium from one Ramesh Pandit for a consideration of Rs. 55000/- weighing 2 kg. 550 grams which was recovered by the respondent. So far as the petitioner is concerned, it has only been stated that he had earlier transaction with the petitioner. Nothing has been specifically stated as to when and what transaction he had. In this view of the matter, without commenting on the merit of the case, looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, I consider it just and proper to allow the bail application filed by the petitioner under Section 438 Cr.P.C. Accordingly, the bail application filed by the petitioner u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Champa Lal S/o Chhoga Lal in Crime Case No. 02/2007 of Central Narcotics Bureau, Neemach, he shall be released on bail for a period till the police concludes the investigation and files the challan provided he furnishes a personal bond in the sum of Rs.10,000/- along with one surety 2 of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:- (i)That he shall make himself available for interrogation by a police officer as and when required; (ii)That he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and; (iii)That he shall not leave India without the previous permission of the Court. The petitioner shall surrender before the trial court on the date of filing of the challan and move a regular bail. (H.R.PANWAR), J. rp