[2023:RJ-JP:31995]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13832/2023
Raja @ Irshad S/o Siraj, Aged About 26 Years, R/o Ward No. 18,
Satti Mohalla, Chhipabarod, P.s. Chhipabarod, District Baran
(Raj.) (Petitioner Is In Sub Jail Chhabara)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kishan Meena for
Mr. Ali Mohammed Khan
For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
31/10/2023
1. The instant bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who has been arrested in connection with FIR No.387/2023 registered at Police Station Chhipa Barod, District Baran for the offence under Section 8/21 of NDPS Act.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He further submits that co-accused- Jishan Ali, from whom 50 gram smack (which is admittedly less then commercial quantity) was recovered, has been granted bail by the Co-ordinate Bench of this Court. He also submits that petitioner has been made accused in this case solely on the basis of interrogation of the co-accused- Jishan Ali, which cannot be used against the petitioner as the same is inadmissible in evidence in view of (Downloaded on 11/11/2023 at 09:05:32 PM) [2023:RJ-JP:31995] (2 of 3) [CRLMB-13832/2023] provisions of Section 25 of the Evidence Act. Learned counsel has relied upon the judgment rendered by Hon'ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu reported in AIR 2020 SC 5592. No other case of NDPS Act has been registered against the petitioner. The petitioner is in custody since 20.09.2023 and trial of the case will take considerable time. He also contends that further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that co-accused - Jishan Ali, who was found in possession of contraband has already been granted bail by the Co-ordinate Bench of this Court, looking to the custody period of the petitioner and so also keeping in view the law laid down by the Hon'ble Supreme Court in the case of Tofan Singh (supra), but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Raja @ Irshad S/o Siraj shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to (Downloaded on 11/11/2023 at 09:05:32 PM) [2023:RJ-JP:31995] (3 of 3) [CRLMB-13832/2023] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(ANIL KUMAR UPMAN),J 258-Nirmala (Downloaded on 11/11/2023 at 09:05:32 PM) Powered by TCPDF (www.tcpdf.org)