Rameshwar Vyas, J.:—
S. B. Criminal Misc. Bail Application No. 1287/2022
1. Learned counsel for the petitioner does not wish to press the present bail application filed under Section 439 of Cr.P.C. on behalf of the petitioner at this stage, however, seeks liberty to file fresh bail application after filing of the charge-sheet.
2. Dismissed as not pressed with liberty as prayed for.
S. B. Criminal Misc. Bail Application No. 859/2022
3. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 02/2022 registered at Police Station Gogamedi, District Hanumangarh for the offence under Section 8/21 of the N.D.P.S. Act.
4. Heard learned counsel for the petitioner through video conferencing and learned Public Prosecutor. Perused the material available on record.
5. Learned counsel for the petitioner submits that the recovery made from the possession of the petitioner is 94 grams of heroin which is below commercial quantity. No other criminal case under the provisions of the N.D.P.S. Act is pending against the petitioner. In the above circumstances, learned counsel for the petitioner prays that the petitioner may be enlarged on bail.
6. On the other hand, learned Public Prosecutor has opposed the bail application.
7. Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case more particularly the fact that the recovery of contraband made from the petitioner is below commercial quantity, without commenting upon the merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.
8. Consequently, the present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner -Naveen S/o Lalchand arrested in connection with F.I.R. No. 02/2022 registered at Police Station Gogamedi, District Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs. 1,00,000/- with two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
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