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2019 DIGILAW 1800 (RAJ)

Yogesh Patidar v. State of Rajasthan

2019-06-14

ABHAY CHATURVEDI

body2019
JUDGMENT : 1. The present 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. 161/2019, Police Station Bilara, District Jodhpur for the offences under Sections 8/25 & 29 of the NDPS Act. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record. 3. Learned counsel for the petitioner submits that the recovered contraband is below the commercial quantity and there is no case of the like nature pending or decided against the petitioner. The co-accused Saddam has already been granted bail by this Court vide order dated 20.05.2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may be enlarged on bail. 4. Learned Public Prosecutor has opposed 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. 5. 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 coaccused aforesaid who has 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. 6. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Yogesh Patidar S/o Raghunandan Patidar Khan shall be released on bail in connection with F.I.R. No. 161/2019, Police Station Bilara, District Jodhpur provided he executes a personal bond in a sum of Rs. 1,00,000/- with two sound and solvent sureties of Rs. 50,000/- each to the satisfaction of the 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.