HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4420/2021 Sukha Ram @ Sukhdev S/o Sona Ram, Aged About 25 Years, R/o Rabasar, Tehsil And Police Station Chotan, Dist. Barmer. (Presently Lodged At District Jail, Barmer).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Siddharth Karwasra (through VC) For Respondent(s) : Mr. Mohd. Javed Gauri, PP HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 05/05/2021 Heard learned counsel for the petitioner through VC as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.348/2020 of Police Station Chotan District Barmer for the offences punishable under Sections 8/22, 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted as per the prosecution story, huge quantity of tablets containing narcotic substance tramadol have been recovered from the co-accused Raju Ram on 10.11.2020. It is submitted that in the charge-sheet, the police have concluded that the said narcotic contraband was supplied to co-accused Raju Ram by the petitioner. It is submitted (Downloaded on 12/05/2021 at 08:12:34 PM) (2 of 3) [CRLMB-4420/2021] that from a bare perusal of the charge-sheet, it is clear that no such information of this effect was given to the police by co- accused Raju Ram and the police have filed charge-sheet against the petitioner only on the basis of the information supplied by the petitioner himself to the effect that he has supplied the said narcotic contraband to the co-accused. It is submitted that the petitioner has not supplied any such narcotic contraband to the co-accused Raju Ram and the police have failed to collect any evidence to prove that the petitioner was in any manner in contact with the said co-accused prior or on the date of the incident. Learned counsel for the petitioner has invited my attention towards the statements of Investigating Officer (PW-1) and has argued that from the said evidence of the Investigating Officer, it is clear that there is no evidence available on record against the petitioner except the information given by him under Section 27 of the Indian Evidence Act while in police custody informing that he has supplied the narcotic contraband to the co-accused Raju Ram at his place. Learned counsel for the petitioner has submitted that it is well settled that any information supplied by an accused person while in police custody is not a good piece of evidence.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Sukha Ram @ (Downloaded on 12/05/2021 at 08:12:34 PM) (3 of 3) [CRLMB-4420/2021] Sukhdev S/o Sona Ram shall be released on bail in connection with FIR No.348/2020 of Police Station Chotan District Barmer provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J Surabhii/18-
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