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2023 Supreme(Raj) 918

KULDEEP MATHUR
Moti Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Ram Niwas, Advocate, Arun Kumar, Advocate, Rajat Chhaparwal, Advocate, Anil Joshi, 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.220/2019, registered at Police Station Choti Sadri, District Pratapgarh, for offences under Sections 8/15 & 29 NDPS Act.

2. Learned counsel for the petitioner submits that similarly situated co-accused namely Sobhag Singh has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 07.07.2021 in Criminal Miscellaneous 3rd Bail Application No.4483/2021, and the case of present petitioner is not distinguishable to that of the co-accused. 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. For ready reference, the order dated 07.07.2021 is reproduced herein-below:-

    "Heard learned counsel for the parties and perused the material available on record.

    The petitioner(s) has/have been arrested in FIR No.220/2019 of Police Station Chhoti Sadari, Distt. Pratapgarh for the offence(s) punishable under Section(s) 8/15 and 25 of the NDPS Act. He/she/they has/have preferred this/these third

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