The benefit of doubt has to go to the accused at the bail stage, considering the precedent law cited and the lack of necessary assistance.

JUDGMENT

1. In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.

2. This Court perused the material available on record.

3. The petitioner has been arrested in connection with FIR No. 129/2021 of Police Station Kusalgarh, District Banswara for the offence punishable under Section 8/20 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

4. At the outset, learned counsel for the petitioner has referred to the order passed by this Hon'ble Court in CRLMB No.4007/2021 (Bhagirath Ram Vs. State decided on 01.04.2021), which reads as under:

"The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Bhagirath Ram S/o Shri Hardasram, who is in custody in relation to F.I.R. No.71/2021, Police Station Dechu, District Jodhpur, for the offence under Section 8/18 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

The petitioner was apprehended with an allegation of cultivating 386 opium plants in his agricultural field. The offence alleged is punishable under Section 18 (c) of the NDPS Act with rigorous imprisonment which may extend to ten years. Thus, restrictions contained in Section 37 of the NDPS Act do not operate against the petitioner. As per the case diary, no other case under the NDPS Act has previously been registered against the petitioner. Investigation and trial are likely to consume time.

In view of above and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court is of the opinion that the petitioner deserves to be enlarged on bail.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Bhagirath Ram S/o Shri Hardasram arrested in connection with F.I.R. No. 71/2021, Police Station Dechu, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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."

5. He has also referred to the order passed by this Court in CRLMB No.5837/2021 (Deraj Ram Vs. State decided on 05.05.2021), which also reads as under:

"In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.

Heard learned counsel for the parties and perused the material available on record.

The petitioner has been arrested in connection with FIR No.31/2021 of Police Station Sarwana, District Jalore for the offence punishable under Sections 8/15 & 18 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has pointed out the order dated 1.4.2021 passed by a Coordinate Bench of this Court in S.B. Crl. Misc. Bail Application No.4007/2021, which reads as follows: -

"The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Bhagirath Ram S/o Shri Hardasram, who is in custody in relation to F.I.R. No.71/2021, Police Station Dechu, District Jodhpur, for the offence under Section 8/18 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

The petitioner was apprehended with an allegation of cultivating 386 opium plants in his agricultural field. The offence alleged is punishable under Section 18 (c) of the NDPS Act with rigorous imprisonment which may extend to ten years. Thus, restrictions contained in Section 37 of the NDPS Act do not operate against the petitioner. As per the case diary, no other case under the NDPS Act has previously been registered against the petitioner. Investigation and trial are likely to consu