SAGAR JATAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These instant bail applications have been filed under Sec. 439 of Cr.P.C. on behalf of the petitioners, who have been arrested in connection with FIR No. 149/2023 registered at Police Station Sadar Gangapur City, District Sawai Madhopur for the offences under Ss. 8/21, 25 & 29 of NDPS Act.

(2.) It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. He submits that 270 grams smack was recovered from the possession of the co-accused- Om Prakash and no recovery has been affected from the possession of the petitioners. He further submits that petitioner- Sagar Jatav has been made accused in this case solely on the basis of the fact that Om Prakash was found in possession of the motorcycle, which is registered in the name of petitioner - Sagar Jatav. He also submits that interrogation of the co-accused cannot be used against the petitioner as the same is inadmissible in evidence in view of provisions of Sec. 25 of the Evidence Act. Learned counsel has relied upon the judgment rendered by Hon'ble Supreme Court in the case of Tofan Singh v. State of Tamil Nadu, AIR 2020 SC 5592. There are no criminal antecedents of the petitioners. The petitioners are in custody since their date of arrest and trial of the case will take considerable time. He also contends that further custody of the petitioners would not serve any fruitful purpose.

(3.) Learned Public Prosecutor opposes the bail applications.