DINESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The jurisdiction of this court has been invoked by way of filing the instant second bail application under Sec. 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

(2.) In nutshell the facts of the case are that on 5/1/2023, ASI, Police Station Rashmi and his team alongwith another team when reached near the Banas river at that time a Scorpio came in a high speed and collided with their private vehicle i.e. Swift Car bearing registration No.RJ09 CC 41110 resulting which members of the police team received injuries and after firing, the driver alongwith another person left the Scorpio there and fled away from the spot. The Circle Officer made a search over the said Scorpio bearing registration No. RJ46 UA 0575 and recovered 24 bags weighing 4 Quintals & 56 Kg poppy husk from it. Whereafter a case under Sec. 8, 15 &29 Of the NDPS Act got registered against the petitioner. The first bail application of the petitioner, being SBCRLMB No.15880/2023 was dismissed as not pressed by this Court vide order dtd. 17/5/2024 and a liberty was afforded to him to renew the prayer for bail after the statement of Investigating Officer is recorded. Now the statement of Investigating Officer has been recorded in the trial. Hence, the instant bail application.

(3.) It is contended on behalf of the accused-petitioner that the petitioner is arrested in this case on the basis of statement of principal accused, however he was not present at the spot thus, no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioner and he has been made an accused based on conjectures and surmises.