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Judgment
8 paragraphs · 334 wordsVinit Kumar Mathur, J
The present 2nd 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.82/2021, Police Station Matoda, District Jodhpur for the offence punishable under Sections 8/15, 25 and 29 of NDPS Act.
The first bail application of the petitioner was dismissed on 01/02/2022 by this Court.
Heard brother-in-law of 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 first bail application of the petitioner, co-accused Mangilal @ M.K. and Shaitanram have been enlarged on bail by a coordinate bench of this Court vide order dated 15/02/2023. No recovery has been effected from the present petitioner. The petitioner was not present at the place of recovery. The case of the present petitioner is not distinguishable from the case of co-accused Mangilal @ M.K. and Shaitanram.
The learned Public Prosecutor 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.
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 have 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 2nd bail application is allowed. It is ordered that the accused-petitioner Ramesh Bishnoi S/o Sh. Gangaram Bishnoi arrested in connection with FIR No.82/2021, Police Station Matoda, District Jodhpur, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lakh 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.