DEVA @ SHANKER Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for Union of India and perused the order of the trial Court and investigation record.

(2.) It is contended by learned counsel for the petitioner that accused petitioner after rejection of anticipatory bail on 2.4.1997, was subsequently interrogated and examined by the investigation agency on 10.4.1997, 12.4.1997 and 22.4.1997 but arrest of the accused-petitioner remained deferred till 10.12.1997. It is further submitted that there is no recovery from the possession of the accused petitioner and besides that alleged contraband (opium of 1850 grams) was recovered from the premises in the presence of both the accused-petitioners who have not been prosecuted by the Department. Accordingly, his submission is that accused petitioner has been falsely implicated in this case and there are no ground to believe that accused petitioner has involved in the commission of the offence as alleged.

(3.) Without entering into the merits of the case and having regard to all the facts and circumstances of the case, I accept this petition and it is ordered that petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs. 20,000/ - and one surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on the next date of hearing and on all subsequent dates whenever called upon to do so till the final disposal of the case. Bail allowed.