JUDGEMENT
NISHA GUPTA, J. -
(1.) MR . S.S. Shaktawat & Mr. B.R. Bishnoi for the
petitioners. Mr. Mahipal Bishnoi, Public Prosecutor for the State. The
contention of the present petitioner is that nothing has been recovered
from the present petitioners. They were not present at the spot at the
time of alleged recovery and they have been implicated in the offence on
the strength of co -accused and hence they should be released on bail. The
learned public prosecutor has submitted that the recovery is of
commercial quantity and other cases are also pending against the
petitioners. The case diary goes to show that against petitioner Shobha
Lal one case is also pending under the Narcotic Drugs and Psychotropic
Substances Act, 1985 whereas against petitioners Gordhan Lal and Shobha
Lal, one case under the Indian Penal Code is also pending.
Hence looking at the above, I am inclined to grant bail to the petitioner Gordhan Lal but looking to the fact that case under the N.D.P.S. Act is already pending against the petitioner Shobha Lal, I am not inclined to grant bail to petitioner Shobha Lal.
(2.) ACCORDINGLY , the bail application of petitioner Gordhan Lal is allowed and it is directed that the petitioner Gordhan Lal s/o Heera Lal
in connection with FIR No.126/2010 of Police Station Rashmi District
Chittorgarh shall be released on bail provided he furnishes a personal
bond in the sum of Rs. 1,00,000 alongwith two sound and solvent sureties
of Rs. 50,000 each to the satisfaction of the trial court for his
appearance before that court on the next date of hearing and on
subsequent dates whenever called upon to do so.
The bail application of Shobha Lal is hereby dismissed. Petition allowed. ;
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