BHABHOOTARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Kuldeep Mathur, J . 1.This application for bail has been filed by the petitioner under Sec. 439 of the Cr.P.C. in connection with FIR No.131/2019 Police Station Arnod, District Pratapgarh, for the offences under Ss. 8/15, 8/29 of NDPS Act. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.

(2.) Learned counsel for the petitioner submits that the main accused Prakash from whose possession contraband substance (52 kg poppy husk) was recovered, has been enlarged on bail by the Co-ordinate Bench of this Court vide order dtd. 13/5/2020, passed in S.B. Criminal Misc. Bail Application No.2837/2020 and similarly situated co-accused Vishnu against whom similar/identical charges have been levelled, has also been enlarged on bail by the Co-ordinate Bench of this Court vide order 6/8/2020, passed in S.B. Criminal Misc. Bail Application No.7995/2020. Moreover, co-accused Vikram Lal has also been enlarged on bail by a co-ordinate Bench of this Court in S.B. Criminal Misc. Bail Application No.9851/2020 vide order dtd. 23/9/2020. Learned counsel further submitted that the petitioner's case is not distinguishable from that of the co-accused and therefore, the petitioner deserves to be enlarged on bail.

(3.) Learned Public Prosecutor vehemently opposed this bail application, but he is not in a position to controvert the facts aforesaid and distinguish the case of the petitioner from the co-accused, who have been enlarged on bail. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.