// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Bail Appl. No.3884/2009 {Sunil Kumar @ Sonu @ Indra Kumar and Another Vs. The State of Rajasthan} Date of Order ::: 27th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri J.S. Choudhary, Counsel for petitioners Shri Mahipal Vishnoi, PP for the State #### By the Court: Heard learned counsel for petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. It is argued on behalf of petitioners that although the contraband was alleged to have been recovered from the possession of the petitioners but, during investigation, the Investigating Officer was satisfied that it is a case of planting and the petitioners were not aware about the contraband in their vehicle and, therefore, the prosecution filed an application along-with the charge-sheet against other accused-persons, under Section 169 Cr.P.C. for their release; however, the learned Special Judge rejected the application of the // 2 // prosecution and took cognizance of the offence against the accused-petitioners also; the contraband recovered in the present case is of lesser quantity than the commercial quantity; the petitioners are in judicial custody since 12th June, 2009; the investigation is complete and the challan has already been filed; co- accused Gursaheb Singh alias Gurusewak Singh, against whom prosecution has filed charge-sheet in the case, has also been released on bail by this Court on 21st July, 2009 in S.B. Criminal Miscellaneous Bail Application No.3720/2009, therefore, looking to all the facts and circumstances of the case, the petitioners also deserve to be enlarged on bail. After considering the submissions of learned counsel for the parties, examining the record and the facts and circumstances of the case, but without expressing any opinion on its merits and demerits, I think it fit and proper to allow this application under Section 439, Cr.P.C. Hence, it is directed that accused- petitioners, namely, (1) Sunil Kumar @ Sonu @ Indra Kumar S/o Shri Ganga Singh, R/o Ward No.6, Kesarisinghpur, Tehsil Sri Karanpur, District Sri Ganganagar and (2) Bhanwar Lal S/o Shri Uda Ram, R/o Ward No.9, Kesarisinghpur, Tehsil Sri // 3 // Karanpur, District Sri Ganganagar (both lodged at Central Jail, Sri Ganganagar) be released on bail under Section 439 Cr.P.C., in F.I.R. No.117/2009 registered at Police Station Kesarisinghpur under Section 8/18 of the N.D.P.S. Act, provided each of them furnishes a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) together with one surety of the like amount to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//