CRLMB3010/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Application No.3010/2010 Shankar Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 24.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Abdul Kalam Khan, 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. Learned counsel for petitioner contended that the allegation against petitioner is that he was found in possession of 50 gram opium, 10 gram heroin and 130 gram 'doda-post', the weight of these contraband articles were inclusive of packaging material. Learned counsel submits that the petitioner earlier had a case against him in 2000 for offence under Section 8/21 of the NDPS Act but in that case he has been acquitted. The petitioner is in jail since 7th January, 2010; there is no other criminal case pending against him; challan has already been filed; trial of the case is likely to take a long. 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, Shankar Son of Shri Bagadi Ram on bail under Section 439 Cr.P.C., in FIR No.2/2010, Police Station G.R.P., Kota, provided he furnishes a CRLMB3010/2010 // 2 // 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 petitioner is found indulged in repeating the similar offence at any point of time the prosecution will be at liberty to apply for cancellation of his bail before the court below itself. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//