Subhash Khandelwal S/o Sajjan Lal Khandelwal v. State of Rajasthan
2019-07-01
VINIT KUMAR MATHUR
body2019
DigiLaw.ai
ORDER : 1. The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 130/2017, Police Station Rayla, District Bhilwara for the offence under Section 8/15 of the N.D.P.S. Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. It is submitted on behalf of the petitioner that the co-accused Dilip Chouhan has already been granted bail by this Court vide Order dated 23.05.2019 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail. 4. 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 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 co-accused 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 of Cr.P.C. 6. Consequently, the second bail application is allowed. It is ordered that the accused- petitioner-Subhash Khandelwal S/o Sajjan Lal Khandelwal arrested in connection with F.I.R. No. 130/2017, P.S. Rayla, District Bhilwara shall be released on bail, provided he furnishes a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- 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.