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Judgment
Vinit Kumar Mathur, J
The present 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.335/2021, Police Station Sadar Nimbahera, District Chittorgarh for the offence punishable under Section 8/20 of the N.D.P.S. Act.
The first bail application of the petitioner was dismissed on 23.02.2022 by this Court.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
It is submitted on behalf of the petitioner that after dismissal of the first bail application of the petitioner, the co-accused Anil has already been enlarged bail by this Court vide order dated 05.01.2023 and the case of the present petitioner is not distinguishable from the case of the co-accused who has already been released on bail by this Court. He, therefore, prays that the petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail application but he is not in a position to dispute the factum of similarity between the present petitioner and the co-accused, who has already been enlarged on bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical to co-accused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioner is also entitled for the grant of bail under Section 439 Cr.P.C.
Consequently, the present 2nd bail application is allowed. It is ordered that the accused-petitioner- Shankar Lal S/o Gopal Das Vaishnav arrested in connection with FIR No.335/2021, Police Station Sadar Nimbahera, District Chittorgarh, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/-(Rupees: One Lac Only) with two sureties of Rs.50,000/- (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.