1 S.B.Cr.Misc. Bail App. No. 3654/2007 (Shokin Kumar Vs. State of Rajasthan) Date of order : 13/08/2007 HON'BLE MR.H.R.PANWAR, J. Mr. M.L.Bishnoi, for the petitioner. Mr. Vishnu Kachhawaha Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned. It is contended by learned counsel for the petitioner that similarly situated co-accused Ramesh Chandra, Shanti Lal, Ratan and Pappu Das have been granted bail by Co-ordinate Bench of this Court vide orders dated 18.7.2007 and 6.8.2007 respectively. It is further contended that the petitioner is power of attorney of Vijyadevi in respect of one pick-up vehicle. Nothing has been recovered from the pick-up vehicle. On the contrary, the poppy straw has been recovered from one truck. The petitioner is nothing to do with the recovery of the poppy straw from the truck. Learned public prosecutor on perusal of the police investigation diary also admits that the poppy straw has been recovered from the truck and the petitioner is neither owner or driver of the truck nor even the power of attorney holder of the owner of the truck but he is power of attorney holder of the owner of the pick-up vehicle. The allegation against the pick-up vehicle is that before loading the poppy straw in the truck, it was brought in a pick-up vehicle. 2 Be that as it may, since the petitioner is neither the owner nor driver even of the pick up vehicle as also the fact that similarly situated co-accused Ramesh Chandra, Shanti Lal, Ratan and Pappu Das have been granted bail, looking to the facts and circumstances of the case and having considered the oral arguments advanced by both the parties, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Shokin Kumar S/o Gulab Ji be released on bail in FIR No. 97/2006 P.S. Aakola, provided he executes a personal bond for a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. RP