Order

17/11/2023

1. The present bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant, who is in custody in connection with the FIR No.48/2023 registered at Police Station Surajpole, District Udaipur for the offences punishable under Sections 8/18, 22 & 25 of the Narcotic Drugs and Psychotropic Substances Act.

2. Mr. Shambhoo Singh, learned counsel for the applicant submitted that allegation against the applicant is that he was sitting in the abandoned car from which the contraband substances of 34.20 gms MDMA and 220 gms of opium were recovered.

3. Learned counsel submitted that similarly situated co-accused namely, Mustak Khan @ Tinku @ Pawna and Asif Khan have been enlarged on bail by the Co-ordinate Bench of this Court vide its order dated 09.10.2023 and prayed that the applicant be granted similar relief as his case is exactly identical.

4. Learned Public Prosecutor opposed the bail application of the applicant.

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

6. While accepting the bail applications filed by the co-accused – Mustak Khan @ Tinku @ Pawna and Asif Khan, the Co-ordinate Bench of this C