HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 4638/2021 Shaukin S/o Hari Ram Gayri, Aged About 30 Years, R/o Dangadi, Manasa Police Station, Distt. Neemach (Mp) (Lodged In District Jail, Chittorgarh)
----Petitioner Versus State Of Rajasthan, Through Public Prosecutor
----Respondent For Petitioner(s) : Mr. Manohar Singh For Respondent(s) : Mr. S.K. Bhati, PP HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Judgment / Order 07/04/2021 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.113/2020, Police Station Mandafia, District Chittorgarh, registered for the offence under Sections 8/29 of NDPS Act.
Heard and considered the arguments advanced by the learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that petitioner has wrongly been implicated in this case only on the basis of statement of co-accused. He further stated that except statement of co-accused, there is no other evidence against the petitioner. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner. (Downloaded on 07/04/2021 at 08:54:11 PM)
(2 of 2) [CRLMB-4638/2021] Per contra, learned Public Prosecutor opposed the bail application and stated that as per statement of Bhagwati Lal and Shanti Bai, contraband was supplied by accused-petitioner. Total 112 Kg. Poppy-husk was recovered from co-accused which is commercial quantity. Therefore, benefit of bail may not be granted to the accused-petitioner.
Admittedly, the contraband was not recovered from the accused-petitioner; he has been implicated in this case only on the statement of co-accused Bhagwati Lal and Shanti Bai. There is no other connecting evidence i.e. call detail report or any other evidence against the accused-petitioner.
Having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the second bail application is allowed. It is ordered that the accused-petitioner Shaukin S/o Hari Ram Gayri, arrested in connection with F.I.R. No.113/2020, Police Station Mandafia, District Chittorgarh, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 138-amit/-
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