MOHAMMAD YUSUF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Before this Court is an application under Section 439 Cr.P.C. preferred on behalf of petitioners, who have been arrested in connection with FIR No.65/24 dated 11.05.2021 registered at Police Station Regional Forest Officer, Nokha, District Bikaner, for the offences punishable under Section 9/51 of the Wild Life Protection Act.

(2.) Learned counsel for the petitioners submits that the co- accused Bhungar Ali S/o Ganni Khan, Shamu Khan S/o Gani Khan and Raju Khan S/o Ballu Khan have been enlarged on bail by a co- ordinate Bench of this Court vide order dated 28.05.2021 and 08.06.2021 passed in S.B. Criminal Misc. Bail Application No.6949/2021, 7510/2021 and 7508/2021, respectively and case of the present petitioners is not distinguishable from case of the co-accused so the present petitioners may be released on bail.

(3.) Learned Public Prosecutor has opposed the bail application. Having considered the rival contentions of the learned counsel for the parties and looking to the facts and circumstances of this case, without commenting on merits, this Court deems it just and proper to enlarge the accused-petitioners on bail under Section 439 Cr.P.C.