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Raju @ Manphool vs State Of Rajasthan

Rajasthan High Court · Decided on 21 February 2024 · Citation: (2024) 02 RAJ CK 0102

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8, 21, 22, 25, 29
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous 3rd Bail Application No. 2030 Of 2024
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Judgment

8 paragraphs · 322 words

@JUDGEMENT- JUDGEMENT

Vinit Kumar Mathur, J

1.

The present third 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.77/2020, Police Station Mukalwa, District Ganganagar (Anupgarh) for the offence punishable under Sections 8/21, 22, 25 & 29 of NDPS Act.

2.

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

3.

Learned counsel for the petitioner submits that after the rejection of the second bail of the petitioner on 02.12.2023, co-accused Lekh Ram @ Om Prakash and Sunil Kumar @ Beg Raj Meghwal have been enlarged on bail by this Court vide order dated 13.02.2024 and the case of the present petitioner is not distinguishable from the case of the co-accused persons who have already been released on bail. He, therefore, prays that the petitioner may be enlarged on bail.

4.

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 persons who have been enlarged on bail.

5.

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 persons aforesaid who have been enlarged on bail, this Court deems it just and proper to release the petitioner on bail.

6.

Consequently, the present third bail application is allowed. It is ordered that the accused-petitioner Raju @ Manphool S/o Jeet Ram arrested in connection with FIR No.77/2020, Police Station Mukalwa, District Ganganagar (Anupgarh), 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.