BHOMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail applications have been filed under Sec. 439 Cr.P.C. on behalf of accused petitioner. The petitioner has been arrested in connection with FIR No.178/2023 registered at Police Station Mandhana, District Kota for the offence(s) under Ss. 8/15 & 8/29 of the NDPS Act.

(2.) Learned counsel for the accused-petitioners submits that a false case has been foisted against the petitioners. The accused petitioners have nothing to do with the alleged offence and have been implicated in the case based upon the statements of the main accused Premaram & Rakesh from whom possession 14 kg 700 gms poppy straw was recovered. Apart from the discloser statement, there is no substantive peace of evidence available on record against the accused-petitioners. Accused- petitioners are in custody since long. Trial is likely to take long time to conclude. No useful would be served by keeping the accused-petitioners behind the bars till disposal of the case.

(3.) Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail applications and contend that rider of Sec. 37 of the NDPS Act is applicable in the instant matters, therefore, the bail applications of the accused-petitioners may be rejected.