YASIN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard, Perused the case diary/copy of challan papers made available for perusal. This is bail application under Sec. 439 Cr.RC. and the accusation against the accused- applicant (s) is for the offence u/s 8/15 N.D.PS Act.

(2.) Learned counsel for the petitioner drew my attention to the recovery memo that recovery is alleged to have been made at 4.30 PM. which mentions that the consent of the petitioner was obtained by serving the notice under 50 N.D.P.S. Act whereas notice under Sec. 50 N.D.PS. Act was served at 6.00 PM. This shows that the prosecution has made entirely a false case against the petitioner. Learned Public Prosecutor submitted that no notice under Sec. 50 N.D.PS. Act is required in this case. Learned counsel argued that the proceedings drawn by the recovery officer clearly shows that there is not recovery made as per the version of the prosecution. Without going into the merits of the case there are grounds to say that the petitioner may not have committed the alleged offence and also there is nothing to show that if released on bail he will commit such an offence again. Thus the case is covered under Sec. 37 N.D.PS. Act to enlarge the petitioner on bail.

(3.) Therefore, this bail application is allowed it is ordered that the applicant(s) namely Yasin Khan S/o Ameen Khan be released on bail provided he executes personal bond for a sum of Rs. 10,000.00 (Rs. Ten thousand only) and furnishes sound and solvent surety in the sum of Rs. 10,000.00 to the satisfaction of the learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.