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Judgment
Manoj Kumar Garg, J
The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.294/2020 of Police Station Nimbahera Sadar, District Chittorgarh for the offences punishable under Sections 8/15, 8/18 & 8/29 of NDPS Act.
The first bail application was dismissed as not pressed vide order dated 06.08.2021 by the co-ordinate Bench of this Court.
Learned counsel for the petitioner submits that the Investigating Officer – Jagram has been examined before the trial Court as PW-1 and there are material contradictions, improvements and omissions in his statement. Counsel further submits that except the evidence of transcript, no other evidence has been found against the present accused-petitioner and evidence of transcript is also doubtful, with regard to involvement of the petitioner. Further, the co-accused has already been enlarged on bail and the case of present petitioner is similar to that of co-accused. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the prayer for bail and submitted that call details between the present petitioner and main accused Udailal are available on record and there are ample evidence against the present petitioner to connect him with the alleged crime, therefore, benefit of bail should not be granted to him.
I have considered the arguments advanced before me and carefully gone through the record.
According to the facts, transcript of call details between the present petitioner and main accused Udailal are on record. Furthermore, the bail applications of similarly situated co-accused Kishore @ Gopal and Heeralal, have been dismissed. In these circumstances, without expressing any opinion on merit and demerit of the case, this Court is not inclined to grant benefit of bail to the petitioner.
In the above circumstances, the second bail application filed by the petitioner is hereby rejected.