CRLMB4994/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.4994/2010 Ashok Kumar Gaien Vs. The State of Rajasthan through Public Prosecutor Date of Order ::: 15.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Jagdish Singh Chauhan, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. Contention of learned counsel for petitioner is that offence alleged against the petitioner is under Section 8/20 of the N.D.P.S. Act; the contraband recovered from the possession of the petitioner is 4.7 kilogram whereas notified commercial quantity is 20 kilogram; petitioner was arrested on 24.04.2010 and since then he has been in jail; investigation is complete; challan has been filed; trial of the case is likely to take a considerable period; there is no other case pending against him; he would undertake not to indulge in any offence in future. Learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Ashok Kumar Gaien Son of Prem Kumar Gaien on bail under Section 439 Cr.P.C., in FIR No.83/2010, Police Station Kishanganj, District CRLMB4994/2010 // 2 // Baran, under Section 8/20 of the N.D.P.S. Act, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. However, in case the petitioner is again found indulging in similar or any other offence at any point of time in future, the bail granted to him by this court in the present case would be liable to be cancelled at the instance of the prosecution on this ground alone and stipulation to this effect shall be inserted in the bail bonds produced by the petitioner, and the sureties to be produced in support thereof shall be verified by the Tehsildar of the area concerned. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//