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Judgment
7 paragraphs · 296 wordsVinit Kumar Mathur, J
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 FIR No.133/2016, Police Station Luni, District Jodhpur for the offence punishable under Sections 8/15 and 29 of NDPS Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that co-accused Chandanmal has been enlarged on bail by Co-ordinate Bench of this Court vide order dated 05.12.2023 and the case of the present petitioner is not distinguishable from the case of the co-accused person who has already been released on bail. He, therefore, prays that the petitioner may be enlarged on bail.
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 peculiar facts and circumstances of the case and considering the fact that case of the present petitioner is identical to the co-accused person aforesaid who has been enlarged on bail, this Court deems it just and proper to release the petitioner on bail.
Consequently, the present bail application is allowed. It is ordered that the accused-petitioner Kailash @ Kewal Ram S/o Shri Virda Ram arrested in connection with FIR No.133/2016, Police Station Luni, District Jodhpur, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac Only) with two sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) 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.