SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.81/2020, Police Station Osiyan, District Jodhpur for the offence under Ss. 8/15 & 29 of the N.D.P.S. Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner submits that after the rejection of the first bail application of petitioner on 10/1/2022, co-accused Kailash has been enlarged on bail by learned Special Court (N.D.P.S. Cases), Jodhpur vide order dtd. 7/2/2022 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail. He further submits that the principal accused Kapil from whom the recovery has been effected has already been enlarged on bail by this Court vide order dtd. 16/11/2021. He also submits that there is no recovery of contraband from the possession of the present petitioner and he has been implicated in this case only on the statement of co-accused Kailash, who has been enlarged on bail by the trial court. Therefore, it is prayed that the petitioner may be enlarged on bail.