GANPAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.681/2023 registered at Police Station Pratapnagar, Dist. Udaipur, for the offences under Ss. 8/20, 8/22 of NDPS Act and Sec. 3/25 Arms Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. This Court vide order dtd. 22/4/2024 directed the learned Public Prosecutor to call for the FSL report. In compliance of this Courts order dtd. 22/4/2024, learned Public Prosecutor has produced a copy of the FSL report dtd. 7/5/2024 for the perusal of this Court. The relevant portion of the FSL report dtd. 7/5/2024 reads as under:- "RESULT OF EXAMINATION

(2.) Having considered the rival submissions, facts and circumstances of the case and after perusing the FSL report dtd. 7/5/2024, this Court prima facie finds that the contraband recovered from the conscious possession of the present petitioner was below commercial quantity. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

(3.) Consequently, the bail application under Sec. 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Ganpat @ Ankush S/o Prakash arrested in connection with F.I.R. No.681/2023 registered at Police Station Pratapnagar, Dist. Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000.00 and two sureties of Rs.50,000.00 each, to the satisfaction of learned trial court, for his appearance before that court on each and every date of hearing and whenever called upon to do so till completion of the trial.