OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.

(2.) The petitioner has been arrested in FIR No.40/2017 of Police Station Bhojasar, District Jodhpur for the offences punishable under Ss. 8/15 and 29 of NDPS Act. He has preferred this third bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the earlier bail application of the petitioner was rejected on the ground that one more case of NDPS Act is pending against him in the State of Madhya Pradesh. It is also submitted that in the said case, the High Court of Madhya Pradesh has enlarged the petitioner on bail vide order dtd. 30/11/2022. It is further submitted that no recovery of narcotic contraband has been effected from the petitioner and all the other co-accused persons have already been enlarged on bail, therefore, the petitioner is entitled to be enlarged on bail.