BALWANT @ BALWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for bail under Sec. 483 of BNSS (439 Cr.P.C.) has been filed by petitioner who has been arrested in the present matter. The requisite details of the matter are tabulated herein below:

(2.) The 1st bail application filed on behalf of petitioner i.e. S.B. Criminal Misc. Bail Application No.9906/2025 was dismissed vide order dtd. 8/12/2025 passed by this Court with the liberty to the petitioner to file fresh bail application after filing of the charge sheet. Now the charge-sheet has been filed. Hence, this second application for bail has been filed.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the recovery has been affected from an abandoned vehicle. The petitioner was connected in this case only on the basis of statement of co-accused Sunder Lal the person who was escorting the vehicle. It is further submitted that the alleged recovery of contraband was stated to be affected on 5/7/2025 whereas same were sent for the FSL on 7/10/2025, after an inordinate and unjustified delay of almost three months. He has also submitted that Clause 1.13 of Standing Order No.1/1988 dtd. 15/3/1988, mandates that samples drawn ought to have been sent for FSL examination within 72 hours from recovery.