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2023 Supreme(Raj) 930

KULDEEP MATHUR
Gajraj Singh @ Banti Rajput – Appellant
Versus
State – Respondent


Advocates Appeared:
Bhagirath Ray Bishnoi, 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.101/2020, registered at Police Station Rashmi, District Chittorgarh, for offence under Section 8/15 of NDPS Act.

2. Learned counsel for the petitioner submits that the similarly situated co-accused namely Rameshwar Aheer @ Ramesh has already been enlarged on second bail by a Co-ordinate Bench of this Court vide order dated 18.01.2022 in Criminal Misc. II Bail Application No.13605/2021, 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 18.01.2022 is reproduced hereinbelow:-

    "Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

    The petitioner has been arrested in FIR No.101/2020 of Police Station Rasmi, District Bhilwara for the offences punishable under Section 8/15 of NDPS Act. He has preferred this second bail appli

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