Narendra Kumar Jain, J. - (1.) HEARD learned Counsel for the Applicant as well as learned Public Prosecutor and perused the material available on record. The Applicant is accused of offence under Section 16/54 of Rajasthan Excise Act.
(2.) LEARNED Counsel for the Applicant submits that co -accused person, namely, Anop has been granted bail by a Coordinate Bench of this Court Under Section 439 Code of Criminal Procedure vide order dated 30.05.2011 in S.B. Criminal Misc. Bail Application No. 3306/2011. He further submits that another co -accused, namely, Smt. Sita has also been released on bail by a Coordinate Bench of this Court vide order dated 11.05.2011 in S.B. Criminal Misc. Bail Application No. 3104/2011. He, therefore, submits that the case of the present Applicant is not distinguishable from that of the co -accused persons, and the present accused Applicant may also be released on bail. Learned Public Prosecutor vehemently opposed this bail application.
(3.) HAVING considered all the relevant facts and circumstances of the case and considering the fact that co -accused persons have also been enlarged on bail by a Coordinate Bench of this Court, without expressing any opinion on the merits of the case, I consider it a fit case to grant bail to the Applicant -accused under Section 439 Code of Criminal Procedure.;