[1] Bail Appln. No. 5090/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B. CRIMINAL MISC. SECOND BAIL APPLN. NO. 5090/2009 MOHD. WAJIB @ LADOO Vs. STATE OF RAJASTHAN Date: 17.07.2009 HON'BLE MR. JUSTICE K.S. CHAUDHARI Ms. Rekha Arora, Advocate for accused-petitioner. Mr. Laxman Meena, Public Prosecutor for the State. **** Heard learned counsel for the accused- petitioner as well as learned Public Prosecutor appearing for the State on the second bail application moved under Section 439 Cr.P.C. and carefully gone through the relevant material available on the record. After completion of the investigation, challan has been filed against the accused-petitioner and his wife. Learned counsel for the accused-petitioner has submitted that co-accused Smt. Seema, who is wife of the petitioner, has already been released on bail by this Court vide order dated 08.04.2009 and the bail application of the petitioner was rejected by this Court as challan was not filed, but now challan has been filed. Prima-facie 200 gms. of charas along with knife was recovered from the possession of the accused-petitioner and 125 gms. of charas was recovered from the wife of the accused-petitioner. The wife of the petitioner has already been released on [2] Bail Appln. No. 5090/2009 bail by this Court and now challan has been filed against the accused-petitioner and his wife. Learned Public Prosecutor has not shown any other case pending under the NDPS Act against the accused-petitioner. The accused-petitioner is in custody since last 4 months. In such circumstances, as only 200 gms. of charas has been recovered from the possession of the accused-petitioner, without expressing any opinion on the merits of the case, I deem it just and proper to release the accused-petitioner on bail during the course of trial. Accordingly, the present second bail application is allowed and it is directed that accused-petitioner Mohd. Wajib @ Ladoo shall be released on bail in FIR No. 104/2009 registered at Police Station Kotwali, Bundi, provided he executes a personal bond in the sum of Rs. 30,000/- with two sound and solvent sureties of Rs. 15,000/- each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till completion of the trial. (K.S. CHAUDHARI),J. /KKC/