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2022 DIGILAW 3018 (RAJ)

Durga Shankar v. State of Rajasthan

2022-12-19

FARJAND ALI

body2022
JUDGMENT Farjand Ali, J. - The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Durga Shankar S/o Bhanwar Lal. The petitioner has been arrested in connection with FIR No. 149/2017 registered at Police Station Lohawat, District Jodhpur for the offence(s) under Sections 8/15, 29 NDPS Act. 2. Learned counsel for the accused-petitioner submits that the principal accused Ashok Kumar from whom the recovery of contraband is made has been released on bail by a Coordinate Bench of this Court vide order dated 23.10.2018 and the other accused Hanumanram with whom the case of the present petitioner is identical in nature, has also been released on bail vide order dated 3.11.2018. Thus, it is not justifiable to keep the petitioner behind the bars. 3. Per contra, learned Public Prosecutor has opposed the bail application. 4. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and the fact that principal accused Ashok Kumar and other accused Hanumanram have already been enlarged on bail, this court deems it just and proper to enlarge the accused-petitioner on bail. 5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.