PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.319/2019, registered at Police Station Sadar, Nimbaheda, District Chittorgarh, for offences under Ss. 8/15 & 8/29 of NDPS Act.

(2.) Learned counsel for the petitioner submits that similarly situated co-accused namely Sita Ram has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dtd. 22/3/2023 in S.B. Criminal Miscellaneous II Bail Application No.2588/2023, and the case of present petitioner is not distinguishable from that of the co-accused. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. For ready reference, the order dtd. 22/3/2023 is reproduced hereinbelow:-

(3.) Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.