RAFIQ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

(2.) The petitioner has been arrested in connection with FIR No. 133/2016 of Police Station Luni, District Jodhpur, for the offence punishable under Ss. 8//15 and 8/29 of N.D.P.S. Act. The first bail application of the petitioner was rejected on 26/2/2019. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner submits that the petitioner is in custody since 3/1/2019 and the charge-sheet has been filed on 24/6/2019. Learned counsel for the petitioner has shown from the charge-sheet in which it reflects that Rafiq had placed the contraband in the Innova car upon he being told to do so by Ms. Sumata. Learned counsel for the petitioner submits that Ms.Sumata has been granted bail by this Court vide order dtd. 27/4/2017 (S.B. Criminal Misc. Bail No. 537/2017). Learned counsel for the petitioner further submits that co-accused Subash Gora has been granted bail by this Court vide order dtd. 27/4/2017 (S.B. Criminal Misc. Bail No. 3611/2017) and the case of the petitioner is at par with as he has been implicated on account of confessional statement of the accused himself. The operative portion of the order dtd. 27/4/2017 reads as under:-