HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 9384/2022 Sunil Kumar S/o Harlal, Aged About 24 Years, R/o Khanta Ps Raisingh Nagar Dist. Sri Ganganagar (At Present Lodged In Sub Jail Raisingh Nagar)
----Petitioner Versus State, Through Pp
----Respondent For Petitioner(s) : Mr. Rajendra Choudhary For Respondent(s) : Mr. Vikram Sharma, PP HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 08/12/2022 Heard learned counsel for the parties and perused the material available on record.
The petitioner(s) has/have been arrested in FIR No.58/2020 of Police Station Raisinghnagar, District Sriganganagar for the offence(s) punishable under Section(s) 8/21, 8/22, 25 and 29 of the NDPS Act. He/she/they has/have preferred this/these second bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that after rejection of the first bail application of the petitioner, statement of the IO has been recorded before the trial court as PW-2. It is submitted that in the said statement, the IO (Downloaded on 09/12/2022 at 11:42:29 PM) (2 of 3) [CRLMB-9384/2022] has clearly stated that in the FIR and in the interrogation note of co-accused Pramod Kumar, prepared under Section 67 of the NDPS Act, the name of the petitioner is not figured. It is further submitted that the only reason, for which, the petitoner has been implicated in this case is that the petitioner had conversation with co-accused Pramod Kumar on telephone on the day of incident. Learned counsel has also submitted that the petitoner and co-accused Pramod Kumar are cousin brothers and, in such circumstances, even if there is a conversation between them on the day of incident, it cannot be concluded that on the basis of the same, the petitioner was involved in the commission of crime without there being any credible evidence of the nature proving that he was invovled in the commission of crime in any manner.
Per contra, learned Public Prosecutor has opposed the bail application(s).
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 petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Sunil Kumar S/o Harlal shall be released on bail in connection with FIR No.58/2020 of Police Station Raisinghnagar, District Sriganganagar provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with (Downloaded on 09/12/2022 at 11:42:29 PM) (3 of 3) [CRLMB-9384/2022] two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their 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 138-msrathore/-
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