S.B. CRIMINAL MISC. BAIL APPLICATION NO.2049/2010 DATE OF ORDER : 25.2.2010 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Shri V.P. Bishnoi, for the applicant. Shri Amit Poonia, Public Prosecutor. Heard learned counsel for the parties. Learned counsel for the applicant submits that from the spot, Doda post (poppy straw) measuring 4 Qntl and 14 Kg was recovered from the vehicle No.GJ- 2W-0143 and sticker of registration of Rajasthan was affixed. According to the learned counsel, the charge-sheet has been filed against three persons out of which one is the present petitioner and two are those who are absconding, namely Kishnaram and Chimnaram. According to the learned counsel, neither the owner of the vehicle nor the driver was charge- sheeted. Merely on the basis of the fag recovery of RC, the present petitioner has been involved who was standing at the hotel as a driver of the vehicle. According to the learned counsel, when the vehicle stands registered from Gujarat, then during the course of investigation, the I.O. should have made the enquiry from the concerned registration authority about the owner and driver. On the contrary, the learned Public Prosecutor submits that the owner of the vehicle is Bismilla Khan and he is in judicial custody, but there is no statement of Bismilla Khan and other person that Sadik khan was driver of the vehicle. Without expressing any opinion on the submissions made by the learned counsel, I consider it to be a fit case for grant of bail under Section 439 Cr.P.C. and it is directed that applicant – Siddique Khan shall be released on bail provided he furnishes a personal bond in the sum of Rs.20,000/- and two sureties of Rs.10,000/- each to the satisfaction of the learned trial court on usual conditions and shall appear before the trial court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (DEO NARAYAN THANVI),J. Chauhan/