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2020 DIGILAW 284 (RAJ)

Rahul Bishnoi @ Rawal Ram v. State of Rajasthan

2020-01-30

VINIT KUMAR MATHUR

body2020
JUDGMENT Vinit Kumar Mathur, J. - 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.394/2018, Police Station Balotra, District Barmer for the offences under Sections 8/15 & 8/29 of 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 allegations against the present petitioner are akin to the coaccused Shaukin. He further submits that the co-accused Shaukin has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 16.09.2019 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. 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, the present bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Rahul Bishnoi @ Rawal Ram S/o Chaina Ram shall be released on bail in connection with F.I.R. No.394/2018, Police Station Balotra, District Barmer provided he executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) 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.