AZIJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present 3rd bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with FIR No.136/2019, Police Station Fatehnagar, District Udaipur for the offence punishable under Sec. 8/15 of the NDPS Act.

(2.) The second bail application of the petitioner was dismissed on 5/1/2022 by this Court.

(3.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. It is submitted on behalf of the petitioner that after dismissal of the second bail application of the petitioner, the statement of Investigating Officer- Chandrashekhar (PW-5) has been recorded before the learned trial Court. Learned counsel further submits that except the statement of co-accused Labhchand against the petitioner, there is no other evidence on record to show any connectivity with the recovery of the contraband in the present case. He further submits that the co-accused Labhchand Dhakad has already been enlarged on bail by the co-ordinate Bench of this Court vide order dtd. 8/6/2020. Learned counsel submits that the petitioner has suffered incarceration for more than three years and trial has yet not been concluded so far. Therefore, he prays that the petitioner may be enlarged on bail. The learned Public Prosecutor opposes the bail application.