MOHAMMED HARUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.174/2021 Police Station Basani, District Jodhpur for the offences punishable under Sec. 8/15 of the NDPS Act.

(2.) The first bail application was dismissed by this Court vide order dtd. 17/10/2023 as not pressed with liberty to file a fresh bail application after filing of the challan.

(3.) Learned counsel for the petitioner submits that recovery of contraband was made from the possession of main accused Durag Singh @ Raju Singh and other co-accused Narpat Singh and Meh Ram @ Mehra Ram along with Durag Singh have been granted bail by Co-ordinate Bench of this Court on 23/5/2023. Counsel further submitted that no recovery was made from the possession of present petitioner and he has been implicated only on the statement of co-accused Durag Singh. Challan of the case has been presented and no investigation is pending. The accused-petitioner is in the judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-petitioner.