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Judgment
7 paragraphs · 370 wordsVinit Kumar Mathur, J
The present second 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.321/2019, Police Station Suratgarh Sadar District Sri Ganganagar for the offences under Sections 8/22, 25, 29 of the NDPS Act.
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.
Counsel for the petitioner submits that after rejection of the first bail application of the petitioner by this court vide order dated 16.02.2022, co-accused Kaku Singh and Subhash Chander have been enlarged on bail by coordinate benches of this court vide orders dated 20.11.2023 and 09.11.2023 respectively. Learned counsel further submits that the case of the present petitioner is not distinguishable from the case of co-accused Subhash Chander who has already been enlarged on bail by this court. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail.
Learned Public Prosecutor has opposed the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused Subhash Chander 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 co-accused 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.
Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Mahendra Kumar S/o Ram Kumar shall be released on bail in connection with F.I.R. No.321/2019, Police Station Suratgarh Sadar District Sri Ganganagar 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: Twenty Five 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.