MANIRAM MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 193/2019 Registered at Police Station Mathura Gate, District Bharatpur for the offences under Sections 8/20, 29 of N.D.P.S. Act.

(2.) Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the petitioner has been arrested by the police on 22.05.2019 in connection with offence under Section 8/29 of N.D.P.S. Act. Counsel further submits that after completion of 60 days of his arrest, the petitioner has filed application before the learned trial Court under Section 167(2) Cr.P.C. on 23.07.2019. However, the Investigating Agency admittedly filed the charge-sheet against the petitioner under Section 8/29 of N.D.P.S. Act on 13.09.2019 after expiry of sixty days. Counsel further submits that the petitioner is entitled for default bail as the offence alleged against the petitioner is punishable for imprisonment upto ten years and the challan has not been filed by the Investigating Agency against him within a period of sixty days. Counsel further submits that the petitioner has been made accused on the basis of information given by the co-accused from whose possession, the contraband article was recovered which was less than commercial quantity and co-accused Islamuddin has been released on bail by this Court vide order dated 10.05.2019. In support of contention, counsel for the petitioner relied upon the judgment passed by the Coordinate Bench of this Court at Principal Seat, Jodhpur in the matter of Dam Singh v. State of Rajasthan, reported in 2013(2) Criminal Law Reporter (Rajasthan) 626.

(3.) Learned Public Prosecutor has opposed the bail application.