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MAJHAR KHAN v STATE - CRLMB Case No. 2235 of 2006  RD-RJ 1468 (6 July 2006)
S.B. Criminal Misc. Bail Application No.2235/2006
Date : 06.07.2006
HON'BLE MR.SATYA PRAKASH PATHAK, J.
Mr. R.K. Charan for the applicant.
Mr. Vishnu Kachhawaha, Public Prosecutor.
I have heard learned counsel for the applicant as well as the learned Public Prosecutor for the State and carefully gone through the impugned order.
The contention of learned counsel for the applicant is that neither contraband material was recovered from the possession of the accused-applicant nor the applicant was present at the spot. He submits that only on the basis of statement of the co-accused, the present accused-applicant has been involved in this case and there is no other evidence available on record to connect the accused-applicant with the crime. He further submits that since last few months, accused- applicant is in jail, therefore, he may be enlarged on bail.
On the other hand, learned Public Prosecutor has opposed the bail application and submitted that large quantity of Smack is involved, therefore, the accused-applicant may not be granted bail.
I have considered the submissions made before me.
Involvement of the accused-applicant has been shown only on the basis of statement of the co-accused except that there is no other evidence is brought to the notice of the Court.
In view of above, I deem it just and proper to enlarge the accused applicant on bail.
Accordingly, the bail application filed under Sec. 439
Cr.P.C. is allowed and it is directed that the applicant Majhar
Khan son of Akhmat Khan alias Pappu Lala shall be released on bail in FIR No.243/2005 P.S. Arnod, District Chittorgarh, provided he executes a personal bond in the sum of
Rs.30,000/- with two sound and solvent sureties in the sum of
Rs.15,000/- 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 the completion of the trial.
(SATYA PRAKASH PATHAK), J.
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