KAMAL SINGH Vs. STATE OF RAJASTHAN

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 facts of the case as alleged in the FIR are that the petitioner came to be arrested in this case on 25/3/2023 in connection with recovery of 121.100 Kg poppy husk (in 7 bags) from the Car bearing registration No.RJ27-CD8082 which was being driven by petitioner. His first and second bail applications being SBCRLMB No.260/2024 & 4195/2024 were dismissed as not pressed by this Court vide orders dtd. 12/1/2024 & 1/5/2024. While rejecting the earlier bail application this Court granted liberty to the petitioner to renew the prayer for bail after recording the statement of Investigating Officer. Now, he has been examined in the trial as P.W. 1. hence, the instant bail application.

(3.) It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. He submits that the contraband was recovered on 25/3/2023 and he has been behind bars since a very long period and the trial is progressing at a very slow pace. 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.