IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.6888/2010 Mohammad Ahsan Vs. State of Rajasthan Date of order : 29/07/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Abdul Rahim Khan for accused petitioners Mr. Amit Poonia,Public Prosecutor for the State ****** Heard learned counsel for the petitioners, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the accused petitioner is that the petitioner was arrested for commission of alleged offence under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act on the ground that he was found in possession of 200 grams of `Charas'. According to the learned counsel, notified commercial quantity of the said contraband is 1 Kgm. and, therefore, the petitioner deserves to be enlarged on bail. The Court below has rejected the bail application of the petitioner only on the ground of pendency of two criminal cases, one of which is for offence u/s 13 of the Rajasthan Prevention of Gambling Order and the another is for offence u/s 379 IPC. Challan has already been presented and trial of the case is likely to take considerable time. Learned counsel submits that the petitioner would under-take not to indulge himself in commission of any such offence in future. On the other hand, learned Public Prosecutor has opposed the bail applications. Considering the rival submissions and without expressing any opinion on the merits of this case but taking into consideration all the facts and circumstances of the case, I deem it just and appropriate to enlarge the petitioner on bail during trial. Resultantly, the bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Mohammad Ahsan S/O Shri Hasir Mohammad shall be released on bail in F.I.R. No. 149/2010 of Police Station Bheemganj Mandi, district Kota, provided he furnishes a personal bond in the sum of Rs. 50,000/- together with two sureties of Rs. 25000/- each to the satisfaction of the trial Court for his appearance in that Court on all dates of hearing and whenever called upon to do so. However, it is made clear that 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. (MOHAMMAD RAFIQ), J. Thanvi