Jagat Singh, J. - (1.) This is bail application u/s. 439 Cr.P.C. on behalf of Shyam Lal, against whom trial for offence u/s. 8/29 of the NDPS Act is pending before the Special Judge, NDPS Cases, Bhilwara; who also dismissed his bail application by order dated 28.9.2001.
(2.) Learned counsel submitted that he is in custody since 14.7.2001, the narcotic opium weighing 2 kgs. 55 gms has been recovered from possession of Smt. Sunita, who was travelling in a bus along with Ram Gopal. Sunita disclosed that the opium belonged to Ram Gopal whereas upon interrogation, Ram Gopal implicated present applicant, stating that he has purchased the same from Shyam Lal. The house of Shyam Lal was also searched but nothing incriminating could be. recovered. Learned counsel stated that except confessional statements of co-accused, no other evidence implicating the applicant in the crime is available on the file and therefore, he may be released on bail. Learned Public Prosecutor opposed the bail application.
(3.) Without expressing anything on merits of the case, looking to the facts and circumstances involved in this case, I feel inclined to accept this bail application. Accordingly, it is ordered that accused-applicant be released on bail provided he furnishes two sureties in the sum of Rs. 20,000/- each along with personal bond in the like amount, to the satisfaction of learned Court below. Bail application allowed.;