Order

08/01/2024

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

2. The petitioner has been arrested in connection with FIR No.122/2020 of Police Station Padukala, District Nagaur for the offence punishable under Section 8/15 of the NDPS Act. He has preferred this fourth bail application under Section 439 Cr.P.C.

3. Brief facts as noticed by this Court are that on 03.07.2020 at about 11:00 PM at Annapurna Hotel, N.H.89 Lampolai, a white coloured Tata truck bearing registration No.M.H.18-BG-2289 was standing. The alleged story of the prosecution is that from the truck, one Ghanshyam sitting on the driver’s side and one Suresh sitting on the Khalasi side were arrested whereas the third person namely Bhura Ram ran away from the site in question as the contraband was seized.

4. Learned counsel for the petitioner submits that with absolutely identical allegations Ghanshyam and Suresh were arrested and are facing trials with the same charges and co- accused Suresh has already been granted bail by this Court passed in S.B. Criminal Misc. Second Bail Application No.8812/2023 vide order dated 08.11.2023. The order dated 08.11.2023 reads as follows:-

“Heard l