Dal Chand vs State, Through P.p.

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.76/2014, P.S. Shambhupura, District Chittorgarh, for the offences under Sections 8/29 NDPS Act.

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

It is submitted on behalf of the petitioner that the coaccused Raishid Ahmed has already been granted bail by this Court vide order dated 22.01.2020 and the case of the present petitioner is not distinguishable from the case of the co-accused who have already been released on bail by this Court.

The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to coaccused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner Dal Chand S/o Harprasad Lodhi Rajput arrested in connection with F.I.R. No.76/2014, P.S. Shambhupura, District Chittorgarh shall be released on bail; provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) each to the satisfaction of the 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.