SMT. KHAIRUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C., 1973 on behalf of the petitioner, who is in custody in connection with Complaint Case No. 10/2015 for the offences under Section 8/19 and 8/26 NDPS Act.

(2.) Learned counsel for the petitioner has relied upon orders passed by this Court in the cases of cultivators placed alike the petitioner being Narayan v. State (S.B.Cr. Misc. Bail Application No. 11314/2015) decided on 8.12.2015 , Chandi Bai v. State (S.B.Cr. Misc. Bail Application No. 7630/2015) decided on 27.8.2015 , Banshi Joshi v. Union of India (S.B.Cr. Misc. Bail Application No. 1324/2016) decided on 17.2.2016 , Kanshi Ram v. State (S.B.Cr. Misc.Bail Application No. 8272/2015) decided on 18.9.2015 , Smt. Shanti v. Union of India (S.B.Cr. Misc. Bail Application No. 1323/2016) decided on 16.2.2016 and Bhagirath v. State (S.B.Cr. Misc. Bail Application No. 8273/2015) decided on 18.9.2015 whereby the respective accused have been granted bail by this Court in similar circumstances. He submits that the petitioner also deserves to be released on bail on parity.

(3.) Learned Spl. P.P. opposed the submissions advanced by the counsel for the petitioner. However, he too is not in a position to dispute the fact that the above accused being licensed opium cultivators were being prosecuted for identical allegations have been granted bail by this Court.