Sunil vs State Of Rajasthan

Vinit 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.81/2020, Police Station Osiyan, District Jodhpur for the offence under Sections 8/15 & 29 of the N.D.P.S. 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 first bail application of petitioner on 10.01.2022, co-accused Kailash has been enlarged on bail by learned Special Court (N.D.P.S. Cases), Jodhpur vide order dated 07.02.2022 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail. He further submits that the principal accused Kapil from whom the recovery has been effected has already been enlarged on bail by this Court vide order dated 16.11.2021. He also submits that there is no recovery of contraband from the possession of the present petitioner and he has been implicated in this case only on the statement of co-accused Kailash, who has been enlarged on bail by the trial court. Therefore, it is prayed 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 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- Kailash who has been enlarged on bail by the trial court and the case of the present petitioner ever stands on a better footing to the case of the co-accused- Kapil, who has already 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 second bail application is allowed. It is ordered that the accused-petitioner- Sunil S/o Kishna Ram arrested in connection with F.I.R. No.81/2020, Police Station Osiyan, District Jodhpur 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.