(1.) Heard learned counsel for the accused petitioner and the learned Public Prosecutor for the State, and also perused the documents placed before me during arguments on this petition. Mr. Sharma contends that looking to the quantity of the drugs recovered from the petitioner i.e. 50 grams opium and 25 grams Charas, he cannot be said to be a professional and more so, no F.S L. report about the drugs recovered has yet been received so it is not certain at this stage whether the drugs recovered were opium/charas or not. Nothing contrary to the above has been shown by the P. P from case diary. Having considered aforesaid facts and citation of 1988 Cr L.R. P. 313 and on an over all conspectus of the matter and without expressing any opinion on the merits of the case at this stage. I am inclined to grant bail u/S 439 Crimial P.C. to the petitioner, Suresh.
(2.) It is, therefore, ordered that accused petitioner Suresh S/o Samarlal r/o Chepiri Mohalla, Itawa (U.P.) be released on bail provided he furnish(es) a personal bond in the sum of Rs. 50,000.00 (rupees fifty thousand only) with two sureties each in the amount of Rs. 25,000.00 to the satisfaction of the trial Court with the stipulation to appear in that court as and when called upon to do so during the pendency of the trial against him in this case, arising out of F.I.R. No. 1409/91, P.S. Kotwali Bharatpur.