The court granted bail due to lack of evidence against the petitioner and the lengthy trial duration, emphasizing the need for substantial grounds to question the prosecution's case.

ORDER :

(KULDEEP MATHUR, J.)

This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.194/2021 registered at Police Station Bheem, District Rajsamand for the offences under Sections 8/29 of NDPS Act.

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

3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. The co- accused Sunil Dudy (CRLMB 7587/2023) co-accused Prakash (CRLMB 12476/2023) have already been enlarged on bail by coordinate Benches of this Court vide orders dated 4.7.2023 and 20.5.2024.

4. Drawing attention of the Court towards FIR and challan papers, learned counsel for the petitioner submitted that the contraband greater than commercial quantity was not seized from the active possession of the present petitioner. There is nothing on record to indicate that the recovered contraband was being transported by the present petitioner in the offending vehicle or he was escorting the offending vehicle. Learned counsel submitted that as per the challan papers submitted by the investigating agency, the petitioner was asked by the co-accused Sunil Dudy to guard the contraband (poppy husk/straw) hid by him on the way leading towards Devkheda to Pondrik.

5. Learned counsel submitted that the case of the present petitioner is not worse than the case of co-accused Sunil Dudy and Prakash, who have already been enlarged on bail. It was also urged by learned counsel for the petitioner that except the disclosure statements of the co-accused persons, there is no other evidence to book the petitioner in the present case. Further, it is admitted case of the prosecution that in pursuance to the information furnished by the petitioner under Section 27 of the Evidence Act regarding culpability of the petitioner, nothing new was disclosed, recovered or discovered.

6. Lastly, learned counsel submitted that the petitioner is in judicial custody, challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

7. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the principal accused in the case i.e. Sunil Dudy and co-accused Prakash have already been enlarged on bail by coordinate Benches of this Court. He was also not in a position to refute the fact that the contraband was not recovered from the present petitioner.

8. The order dated 04.07.2023 passed by the co-ordinate Bench of this Court while enlarging the co-accused Sunil (S.B. Criminal Miscellaneous 2^nd Bail Application No.7587/2023) is reproduced hereinbelow for ready reference:-

“1. This is the Second application under Section 439 of Criminal Procedure Code, 1973, as petitioner is implicated in connection with First Information Report Number 194/2021 registered at Police Station Bheem, District Rajsamand for offence(s) punishable under Section(s) 8/15 & 8/29 of the N.D.P.S. Act. The first bail application was not pressed on 22.07.2022 by the petitioner seeking liberty to file fresh bail application after filing of the charge sheet.

2. I have been addressed by the counsel for the parties at length, as also have been taken through the record. I have also considered the respective submissions.

3. As per the version of the prosecution on 11.04.2021, during the police blockade being deployed at various places, information was received by S.H.O. Gajendera Singh of police station Bhim, district Rajsamand to the effect that a vehicle has been found in abandoned condition parked at Dharamtalai, village Dunger Kheda. On reaching at the said spot, a black Scorpio car was seen bearing registration number RJ-15-UB- 1010 on the front number plate of the car. No person was seen inside the vehicle. An attempt was made