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2021 DIGILAW 2265 (RAJ)

Bhagwanlal @ Bhagchand @ Bhaguba v. State

2021-12-02

VIJAY BISHNOI

body2021
JUDGMENT Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material available on record. 2. The petitioner(s) has/have been arrested in FIR No.486/2019 of Police Station Pindwada, Distt. Sirohi for the offence(s) punishable under Section(s) 8/15 and 29 of the NDPS Act. He/she/they has/have preferred this/these fourth bail application(s) under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that after rejection of the earlier bail application of the petitioner, Co-ordinate Benches of this Court have granted bail to co-accused persons namely Ramesh and Manohar Lal. It is further submitted that case against the petitioner is under Section 8/29 of the NDPS Act. It is further submitted that when the other co-accused persons have already been granted bail, the petitioner may also be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application, however, he is not in a position to dispute the fact that case of the petitioner is not distinguishable from the case of other co-accused persons, who have been enlarged on bail. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C. 6. Accordingly, this/these fourth bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) ? Bhagwanlal @ Bhagchand @ Bhaguba S/o Jitmal shall be released on bail in connection with FIR No.486/2019 of Police Station Pindwada, Distt. Sirohi provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.