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Judgment
8 paragraphs · 392 wordsVinit Kumar Mathur, J
The present 3rd 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.84/2020, Police Station Dangiyawas, District Jodhpur for the offence punishable under Sections 8/15 & 29 of the NDPS Act.
The second bail application of the petitioner was dismissed on 02.08.2022 by this Court.
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 after dismissal of the second bail application of the petitioner, co-accused Nawal Singh has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 01.02.2023. Learned counsel further submits that the recovery of contraband was not effected from the petitioner and the same was effected from Omaram, who has also been enlarged on bail by the co-ordinate Bench of this Court vide order dated 08.11.2023. Learned counsel for the petitioner submits that the case of the present petitioner is not distinguishable from the case of the co-accused persons, namely, Nawal Singh & Omaram, rather the case of the petitioner stands on a better footing than the co-accused who have already been enlarged on bail by the co-ordinate Bench of this Court. 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 have been enlarged on bail.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, the 3rd bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rakesh S/o Jwtaram, shall be released on bail in connection with FIR No.84/2020, Police Station Dangiyawas, District Jodhpur provided he furnishes 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 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.