Bail may be granted when the accused's role is not more severe than that of co-accused already granted bail, especially when trial may take a long time.

Order :

KULDEEP MATHUR, J

1. This application for bail under Section 483 of B.N.S.S. has been filed by the petitioner who has been arrested in connection with FIR No.342/2024 registered at Police Station Sukher, District Udaipur, for offences under Sections 8/22 of the N.D.P.S. Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that the co- accused persons namely Smt. Anita @ Angel (S.B. Criminal Misc. Bail Application No.8654/2024); Himanshi @ Nannu (S.B. Criminal Misc. Bail Application No.10123/2024); Saddam Hussain @ Kankroli @ Aslam (S.B. Criminal Misc. Bail Application No.12668/2024); and Imran (S.B. Criminal Misc. Bail Application No.15551/2024) have already been enlarged on bail by this Court and co-ordinate Bench of this Court vide orders dated 24.07.2024, 12.08.2024, 11.11.2024 and 13.02.2025 respectively. Learned counsel for the petitioner further submitted that the case of present petitioner is not worse than that of the above named co-accused persons who have already been enlarged on bail.

4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; challan has already been filed against the present petitioner and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in a position to refute the fact that above named co-accused persons have already been enlarged on bail.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that role assigned to the petitioner in commission of the alleged crime is not worse than that of above named co-accused persons who have already been enlarged on bail. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

7. Consequently, the bail application under Section 483 of BNSS is allowed. It is ordered that the accused-petitioner Salman Khan @ Balli S/o Saleem Khan arrested in connection with FIR No.342/2024 registered at Police Station Sukher, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial Court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.