URJARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.24/2022 registered at Police Station Bhojasar, District Jodhpur Rural for the offences under Ss. 8/15 and 29 of the NDPS Act.

(2.) Learned counsel for the petitioner submitted that contraband greater than commercial quantity was not recovered from the conscious possession of the present petitioner. Learned counsel submitted that in view of the fact that only significant evidence available against the present petitioner is the statements of co-accused persons - Pukhraj and Durgaram recorded under Sec. 27 of the Indian Evidence Act wherein they have stated that they had procured the contraband from the present petitioner. Learned counsel submitted that apart from the disclosure statements of above-named co-accused persons, there is no other direct/corroboratory evidence in the form of call details, mobile calls, Whatsapp chats available on record indicating involvement of the present petitioner in the commission of alleged crime. Learned counsel submitted that the investigation has already been completed in the present case; challan has been filed; the petitioner is in judicial custody since 4/4/2023 and the trial of the case will take sufficiently long time to conclude.

(3.) On these grounds, he implored the court to enlarge the petitioner on bail.