CHATRAPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.126/2020, Police Station Raisingh Nagar, District Sri Ganganagar for the offences under Ss. 08/22, 25 and 29 of NDPS 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 the first bail application of the petitioner was rejected by this court on 4/1/2022 with a liberty to file a fresh bail application after the material witnesses are recorded before the trial court. He further submits that the statement of five prosecution witnesses have been recorded before the trial court including Vikram (PW2) who is the investigating officer of the case. As per the statement of PW-2 Vikram, the petitioner was implicated in the present case on the strength of the statements given by Rani, Rajesh, Ravinder and Prabhu Singh. However, while examination before the trial court, the witnesses namely Rani (PW-3), Rajesh (PW-4), Ravinder (PW-5) and Prabhu Singh (PW-6) have not supported the prosecution case and thus, they have been declared hostile. Learned counsel further submits that in view of the statements given by PW3 to PW6, the basis on which the petitioner was implicated in the present case does not survive any more. It is also contended by the learned counsel for the petitioner that neither any contraband has been recovered from the possession of the petitioner nor the petitioner was present at the time of recovery of the contraband in this case. Therefore, it is prayed that the petitioner may be enlarged on bail.