The principle of parity in bail applications allows for the release of accused if co-accused in similar circumstances have been granted bail.

Order :

1. These applications for bail under Section 483 BNSS (old Section 439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.53/2024 registered at Police Station Gangashahar, District Bikaner, for the offences under Sections 8/15 & 29 of the N.D.P.S. Act.

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

3. Learned counsel for the petitioners submitted that contraband (Poppy Husk/Straw) weighing 58.530 kgs was recovered from conscious possession of Radheshyam S/o Bhanwar Lal (S.B. Criminal Misc. Bail Application No.12340/2024), Tola Ram S/o Bhanwar Ram (S.B. Criminal Misc. Bail Application No.11628/2024) and Tola Ram S/o Bhagirath (S.B. Criminal Misc. Bail Application No.10984/2024). Learned counsel for the petitioners submitted that the abovenamed co-accused persons from whose conscious possession the contraband (Poppy Husk/Straw) was allegedly recovered, have already been enlarged on bail by the co-ordinate Benches of this Court. The allegation against present petitioner-Shiv Lal Saran is that he had supplied the recovered contraband to the above named co-accused persons whereas the allegation against petitioner-Mohan Lal Mahiya is that the recovered contraband was to be supplied to him.

4. Learned counsel for the petitioners submitted that the contraband was not recovered from conscious possession of the present petitioners; the case of the present petitioners is not worse than from the case of the co-accused persons who have already enlarged on bail; the petitioners are in judicial custody and trial of the case is not likely to be concluded in near future, therefore, the benefit of bail may be granted to the accused-petitioners.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he is not in a position to refute the fact that co-accused namely Radheshyam, Tola Ram S/o Bhagirath and Tola Ram S/o Bhanwar Ram from whom conscious possession, the contraband (Poppy Husk/Straw) was allegedly recovered have already been enlarged on bail.

6. Having considered the rival submissions, facts and circumstances of the case, particularly the fact that the co- accused persons have already been enlarged on bail, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

7. Consequently, these bail applications under Section 483 BNSS (old Section 439 Cr.P.C.) are allowed. It is ordered that the above named accused-petitioner (1) Mohan Lal Mahiya S/o Shri Panaram and (2) Shiv Lal Saran S/o Rameshwar Lal, arrested in connection with F.I.R. No.53/2024 registered at Police Station Gangashahar, District Bikaner, shall be released on bail, if not wanted in any other case, provided each of them 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 their appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial Court shall not get prejudiced by the same.