VED PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 of Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 493/2021 registered at Police Station Rawatsar, District Hanumangarh for the offences under Ss. 8/15 and 25 of the N.D.P.S. Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner submits that at the time of dismissing first bail application of the petitioner by this Court vide Order dtd. 25/1/2022, liberty was granted to the petitioner to file fresh bail application after recording the statements of the Seizing Officer and Investigation Officer. Afterwards, prosecution has got recorded statements of total three witnesses before the trial court including Seizing Officer as P.W. 2 Harbansh Lal and Investigation Officer as P.W. 3 Indra Kumar. He further submits that a perusal of the statements of P.W. 2 and P.W. 3 shows that prosecution has failed to relate recovered articles to be in the possession of the present petitioner. The present petitioner was not found on the spot at the time of recovery. The recovery was made from the Dhani of Chandra Prakash in the night. He further submits that for the same incident, two F.I.Rs. have been lodged against the petitioner on false material. The petitioner has falsely been implicated in this case without any evidence. The petitioner is behind the bars since 3/10/2021. The trial of the case will take sufficient time to complete. On the above grounds, he prays that the petitioner may be enlarged on bail.