KARNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with FIR No.19/2021 registered at Police Station Pachpadara, District Barmer for the offences punishable under Sec. 8/15 of the NDPS Act and Ss. 353 and 307 of IPC and Sec. 3/25 of Arms Act.

(2.) The first bail application was dismissed as not pressed by this Court vide order dtd. 20/10/2022 with liberty to file a fresh bail application after recording the statement of Seizure Officer/Investigating Officer.

(3.) Learned counsel for the petitioner submits that Seizure Officer has been examined as PW.3 before the trial Court and there are material contradictions, omissions and improvements in his statement. Counsel submits that petitioner is behind the bars for more than three years and up to this time only 6 prosecution witness have been examined out of total 37 prosecution witnesses. In support of his contentions, learned counsel placed reliance on the recent order dtd. 13/7/2023 passed by Hon'ble the Supreme Court in the case of Rabi Prakash vs. The State of Odisha (Special Leave to Appeal (Crl.) No.4169/2023), wherein Hon'ble the Supreme Court held as under:-