1 S.B. Criminal Misc. II Bail Application No.2291/2007 Date : 16.07.2007 HON'BLE MR.SATYA PRAKASH PATHAK, J. Mr. S.S. Shakatwat for the applicant. Mr. L.R. Upadhyaya, Public Prosecutor. I have heard learned counsel for the applicant as well as the learned Public Prosecutor for the State and carefully gone through the impugned order. Submission of the learned counsel is that the contraband material recovered from the motor-vehicle was neither driven by the accused applicant nor he was sitting in the motor- vehicle. It has further been submitted that accused applicant along with Roopa Ram, Bishna Ram and Dhanna were in some other Indica motor-vehicle and the allegation of the prosecution is that they were escorting the vehicle which was containing the contraband material. Further submission of the learned counsel is that one of the person who is said to be with the applicant along with others namely Dhanna Ram was granted bail by this Court in S.B. Criminal Misc. Bail Application No.1715/2007 vide order dated 05.07.2007. According to learned counsel, case of the accused 2 applicant is exactly identical and similar to the case of Dhanna Ram, therefore, his matter should be considered for the bail. On the other hand, learned Public Prosecutor has opposed the bail application but has not controverted the fact that similarly situated co-accused has been granted bail by this Court. I have considered the submissions made before me. In the present case, since another similarly situated accused applicant has already been granted bail, I do not want to express any opinion on the merit of the case but I find it appropriate to enlarge the accused applicant on bail under Section 439 Cr.P.C. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that applicant Sujan Singh s/o Tejmal Singh shall be released on bail in FIR No.85/2006 P.S. Siwana, District Barmer, provided he executes a personal bond in the sum of Rs.20,000/- with two sound and solvent sureties in the 3 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. (SATYA PRAKASH PATHAK), J. vij