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2020 DIGILAW 637 (RAJ)

Prakash v. State of Rajasthan

2020-09-07

VINIT KUMAR MATHUR

body2020
JUDGMENT Vinit Kumar Mathur, J. - 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.46/2015, Police Station Mangalwad, District Chittorgarh for the offence under Section 8/29 of N.D.P.S. Act. 2. Heard learned counsel for the parties. Perused the material available on record. 3. Learned counsel for the petitioner submits that the coaccused Kailash has been enlarged on bail by this Court vide order dated 02.08.2018 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. He further submits that Kailash has also been acquitted by the learned trial Court vide order dated 25.10.2018. He, therefore, prays that the petitioner may be enlarged 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 person who has been enlarged on bail. 5. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the petitioner on bail. Consequently, the present bail application filed under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Prakash S/o Shri Kishanlal Ji arrested in connection with F.I.R.No.46/2015, Police Station Mangalwad, 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.