DINESH KUMAR PRAJAPAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 283/2018 registered at Police Station Nasirabad Sadar District Ajmer for the offence(s) under Ss. 8/15 of NDPS Act.

(2.) It is transpired from the record that the first application of the petitioner came to be dismissed on 5/10/2018, thereafter second application was rejected by the Co-ordinate Bench of this Court on 7/1/2019. The bail plea of Lalit was dismissed by the Co-ordinate Bench of this Court on 2/9/2020 and the second bail application of accused Lalit is pending yet.

(3.) Learned counsel for the petitioner submits that he has nothing to do with the alleged offence and falsely been implicated in this matter. He contends that there is no evidence suggesting that petitioner was present in the vehicle at the place where the alleged recovery was made; he asserts that in fact he was faraway from the place of alleged recovery. He is innocent and in custody since 5/9/2018. He further submits that in view of the recent judgments of the Hon'ble Supreme Court regarding release of accused where the trial has been protracted for a long, the indefinite incarceration of the petitioner would not be justifiable as the same is violative of his fundamental right guaranteed by Article 21 of Constitution of India. He drew attention of this Court towards some order-sheets of the learned trial Court, the last order-sheet dtd. 10/2/2021 reflects that Presiding Officer was not present and the case was posted for want of prosecution evidence on 7/4/2021. It is prayed that the petitioner may be directed to be enlarged on bail.