RIYAZ MOHAMMED Vs. UNION OF INDIA

JUDGEMENT

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

(2.) The concise fact of the case are that on 26/9/2023, team of CBN, Chittorgarh and his upon receiving an information stopped a person near Chittorgarh-Bhilwara Road, Opp. BSL factory, Hamirgarh in a suspicious condition. Upon interrogation he disclosed his name Rahul and during search 3.650 Kg opium was recovered from a cloth bag. He stated that the said contraband was purchased by him from Riyaz Moihd. On the basis of confessional statement, the present petitioner has been arraigned as an accused in this matter and a case under Sec. 8/18 & 8/29 of the NDPS Act has been registered against him. His first & second bail application being SBCRLMB Nos.4538/2024 & 13454/2024 were dismissed as not pressed by this Court vide order dtd. 6/5/2024 & 26/11/2024. While rejecting the earlier bail application, a liberty was granted to the petitioner to renew the prayer for bail after recording of the statement of Investigating Officer. Now he has been examined in the trial. Hence, the instant application for bail.

(3.) It is contended on behalf of the accused-petitioner that the petitioner is arrested in this 26/9/2023 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.