MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present 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.31/2019, Police Station Bengu, District Chittorgarh for the offence under Sec. 8/29 of NDPS Act.

(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

(3.) Learned counsel for the petitioner submits that the charge sheet in the case has been filed and there is no recovery of contraband from the present petitioner. He further submits that co-accused Shiv Prakash has been enlarged on bail by a Coordinate Bench of this Court vide order dtd. 2/12/2023. Co-accused Ram Lal from whom the recovery has been made has also been enlarged on bail vide order dtd. 24/11/2021 and the case of the present petitioner is not distinguishable from the case of the other co-accused persons, who has been enlarged on bail. He also submits that there is no case of similar nature pending or decided against the present petitioner. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioner may also be enlarged on bail.