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2022 Supreme(Raj) 1618

DEVENDRA KACHHAWAHA
Amjad – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Bhawani Singh, Advocate, Vikram Sharma, Advocate

JUDGMENT

Devendra Kachhawaha, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.48/2022, Police Station Kotwali, District Banswara, registered for the offence punishable under Section 8/21 of the NDPS act.

2. Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that at the time of rejection of first bail application (No.1902/2022) by this Court vide order dated 17.02.2022, liberty was granted to the petitioner to file a fresh bail application after filing of the charge-sheet; now, charge-sheet has been filed; as per prosecution, alleged contraband - brown sugar, weighing 7 gms. has been recovered from the petitioner which is below commercial quantity; petitioner is a handicapped person; petitioner is behind the bars since 24.01.2022; benefit of bail has been granted to co-accused Imran; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accuse

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