SHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present third bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.48/2021, Police Station Chakhu, District Jodhpur for the offence punishable under Ss. 8/15 and 29 of NDPS Act and Ss. 332, 353 and 307 of IPC. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioner submits that after the rejection of the second bail of the petitioner on 16/8/2023, co-accused Kisnaram has been enlarged on bail by the trial court vide order dtd. 19/3/2024 and co-accused Mularam has been enlarged on bail by the co-ordinate Bench of this Court vide order dtd. 20/10/2023. Learned counsel further submits that all other 13 co-accused persons have also been enlarged on bail and the case of the present petitioner is not distinguishable from the case of the co-accused persons who have already been released on bail, especially from the case of co-accused Shrawan S/o Sukharam, Shyam Sundar S/o Chutra Ram, Mukesh Madani S/o Bhagwana Ram and Shankar S/o Bhakhar Ram. He, therefore, prays that the petitioner may be enlarged on bail. The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail. Having regard to the peculiar facts and circumstances of the case and considering the fact that case of the present petitioner is identical to the co-accused aforesaid who have been enlarged on bail, this Court deems it just and proper to release the petitioner on bail.

(3.) Consequently, the present third bail application is allowed. It is ordered that the accused-petitioner Shyam Lal S/o Reshma Ram arrested in connection with FIR No.48/2021, Police Station Chakhu, District Jodhpur, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000.00 (Rupees: One Lac Only) with two sureties of Rs.50,000.00 (Rupees: Fifty Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.