LAWS(RAJ)-2022-12-35

DURGA SHANKAR Vs. STATE OF RAJASTHAN

Decided On December 19, 2022
DURGA SHANKAR Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 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 Ss. 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 dtd. 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 dtd. 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.