Sonu vs State Of Rajasthan

Vinit Kumar Mathur, J

The present fourth 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.143/2020, Police Station Sadar Nimbahera, District Chittorgarh for the offence punishable under Sections 8/15, 8/25 & 8/29 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 after the rejection of the third bail of the petitioner on 23.08.2022, co-accused Sanjay Kumar has been enlarged on bail by Hon’ble the Supreme Court vide order dated 03.05.2024. He submits that the case of the present petitioner is not distinguishable from the case of the co-accused Sanjay Kumar who has already been released on bail by the Hon’ble Supreme 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 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 aforesaid who has been enlarged on bail, this Court deems it just and proper to release the petitioner on bail.

Consequently, the present fourth bail application is allowed. It is ordered that the accused-petitioner Sonu S/o Shri Surendra Singh Harijan arrested in connection with FIR No.143/2020, Police Station Sadar Nimbahera, District Chittorgarh, 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.