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2022 Supreme(Raj) 1834

VIJAY BISHNOI
Rahul – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Kailash Khilery, Advocate, S.K. Bhati, Advocate

JUDGMENT

Vijay Bishnoi, J. - The petitioner has been arrested in FIR No.231/2018 of Police Station Nimbahera Sadar, District Chittorgarh for the offences punishable under Sections 8/15 and 25 of NDPS act. He has preferred this fourth bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner has submitted that after rejection of third bail application of the petitioner, the petitioner has moved an application before the trial court under Section 311 Cr.P.C. with a prayer to recall the witnesses PW-1 Darshan Singh the then Investigating Officer and PW-2 Rajaram the then Seizure Officer. It is submitted that the said application of the petitioner came to be dismissed by the trial court, however, a Coordiante Bench of this Court vide order dated 18.11.2021 passed in S.B. Criminal Revision Petition No.913/2021 (Rahul Vs. State of Rajasthan) allowed the request of the petitioner and directed the trial court to summon the prosecution witnesses. It is submitted that pursuant to that, the statements of PW-2 Rajaram (Seizure Officer) have been recorded before the trial court on 14.12.2021. It is submitted that PW-2 Rajaram (Seizure Officer) in his cross- examination has

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