IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.5117/2011. Sheonath Vs. State of Rajasthan Date of order : July 8, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Tarun Jain for the petitioner. Shri Amit Poonia, Public Prosecutor for State. ******
Contention of the learned counsel for the petitioner is that the alleged allegation against the petitioner is that he was found in possession of 56 gms. of Opium, which is less than the prescribed minimum quantity of 250 gms. of Opium. No other criminal has ever been registered against the petitioner. This is his first offence. Trial will take a long. He would undertake not to repeat the similar offence in future.
Learned Public Prosecutor has opposed the bail application.
Having regard to the facts aforesaid and considering all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Sheonath S/o Shri Madholal shall be released on bail in FIR No.95/2011 registered at P.S. Manohar Thana for offence under Section 8/18 of the NDPS Act on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial.
(MOHAMMAD RAFIQ), J.
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