FIROZ KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.92/2022 of Police Station Pindwara, District Sirohi for the offence punishable under Ss. 8/15, 8/25, 8/29 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Counsel for the petitioner submits that recovery of contraband was made from an abandoned place where no one was present. Later on, on the information given by co-accused, petitioner has been implicated in this case. No mobile phone was recovered from the possession of the petitioner and there is no call details available on record. Further, the petitioner was arrested after six months of recovery i.e. on 15/9/2022 and statement of the petitioner's brother was recorded on 8/11/2022 in which petitioner's brother specifically mentioned that the present petitioner along with two accused persons went in a Creta car, which was seized by the Police. Counsel submits that except this, there is no other incriminating evidence against the present petitioner. Further, there is no other criminal antecedents against the petitioner. The accused-petitioner is inside the jail since 15/9/2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.