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2023 Supreme(Raj) 917

KULDEEP MATHUR
Kaalu – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Suresh Nehra, Advocate, Arun Kumar, Advocate

JUDGMENT

Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.539/2022, registered at Police Station Nohar, District Hanumangarh, for offences under Sections 8/21, 25 & 29 of NDPS Act.

2. Learned counsel for the petitioner submits that similarly situated co-accused Arun Sharma, Sarvar & Rafiz have already been enlarged by the Co-ordinate Benches of this Court vide orders dated 15.11.2022 (CRLMB No.14571/2022), 21.11.2022 (CRLMB No.14762/2022) & 09.01.2023 (CRLMB No.298/2023) respectively, and the case of present petitioner is not distinguishable to those of the co-accused. Learned counsel further submits that the recovered contraband is below commercial quantity. 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.

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 applic

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