CHEN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a second bail application filed under Section 439, Code of Criminal Procedure for grant of bail for the offence alleged to have been committed under Section 8/18, 29 of NDPS Act in connection with Crime No. 1/2007 registered at P.S.C.B.N., Garoth, Distt. Mandsaur.

(2.) Learned Counsel for the Petitioner submits that Petitioner is under arrest w.e.f. 21-2-2007. The first application was dismissed as not pressed with liberty to file fresh application after framing of charge vide order dated 30-7-2008 passed in M.Cr.C. No. 3817/2008. Learned Counsel for the Petitioner submits that the case of the prosecution is that co-accused Narsingh was travelling in a passenger bus and was carrying 6 kg. of opium and powder weighing 100 gms. It is submitted that the Petitioner was travelling in the said bus and was sitting on a seat behind co-accused Narsingh. Nothing has been recovered from the Petitioner. It is submitted that Petitioner has been impleaded as accused on doubt. The Petitioner is not related with the alleged offence. It is submitted that co-accused Shiv Singh has already been bailed out by this Court vide order dated 20-11-2009 passed in M.Cr.C. No. 7412/2009. It is submitted that case of the Petitioner is identical to the case of the co-accused Shiv Singh. It is submitted that petition be allowed and the Petitioner be released on bail.

(3.) The application is opposed by the Respondent. It is submitted that petition be dismissed.