The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.184/2020 registered
at Police Station Lambhahari Singh, District Tonk for the offence under Section(s) 8/18 of Narcotic Drugs and Psychotropic Substances Act, 1985.
It is contended by learned counsel for the petitioner that false recovery of the contraband has been shown from his house in his absence. He submits
that even otherwise also, the contraband allegedly recovered from his house is less than commercial quantity. With regard to his criminal antecedents,
learned counsel for the petitioner submits that he has already been acquitted in another case registered against him under the provisions of NDPS Act,
1985 by the learned Additional District Judge, Malpura, District Tonk vide its judgment dated 15.01.2008.
He submits that the petitioner is in custody since 10.10.2020, investigation as against him is complete and prays for his release on bail.
Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsels for the respective
parties, the nature of allegation against the petitioner, his length of the custody and absence of criminal antecedents; but, without expressing any
opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail.
Accordingly, the bail application is allowed and it is directed that accused-petitioner Pukhraj S/o Hari Prasad shall be released on bail under Section
439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of
the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C.
