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2023 Supreme(Raj) 77

FARJAND ALI
Vishal S/o Shri Dinesh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ramesh Chandra Purohit.
For the Respondent: Gaurav Singh.

ORDER :

1. The instant bail application has been filed by the petitioner-Vishal S/o Shri Dinesh under Section 439 Cr.P.C. against the order impugned passed by learned court below in connection with FIR No. 101/2022, registered at Police Station Rathanjana, Dist. Pratapgarh for the offences under Sections 8/15, 25 and 29 of NDPS Act.

2. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offences and no useful purpose would be served by keeping him behind the bars. It is the admitted case of the prosecution that neither the petitioner was found present at the crime scene nor any incriminating material or contraband was recovered from his possession. He further submits that the alleged disclosure statement was said to have been made by the principal accused, who stated to the police regarding involvement of the petitioner, but except their confession, nothing has been recovered or discovered, therefore, the contents of the said information cannot be taken into evidence as the same is beyond the arena of Section 27 of the Evidence Act. He submits that for booking an accused for the accusation of the

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