Bheru Lal vs State Of Rajasthan
2021 Latest Caselaw 8817 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3625/2021

Bheru Lal S/o Shri Ratan Lal, Aged About 25 Years, Panakheda, Police Station Rashmi, District Chittorgarh. (At Present Lodged In District Jail Pratapgarh).

----Petitioner Versus State Of Rajasthan, Through P.P.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Deepak Menaria
                               Mr. Vijay Gaur
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP with
                               Ms. Kamla Goswami



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

05/04/2021

The instant bail application under Section 439 CrPC has been

preferred by the petitioner who is in custody in connection with

the F.I.R. No.129/2020 registered at the Police Station Chhoti

Sadari, District Pratapgarh for the offences under Sections 8/15,

25 and 29 of the NDPS Act.

Heard learned counsel for the petitioner, learned Public

Prosecutor and perused the material available on record.

The contraband poppy-straw weighing 397 Kgs. was

recovered by the SHO PS Chhoti Sadari on 25.06.2020 some time

after 3:15 am from a Scorpio vehicle (No.RJ 06 UA 5415), from

which one of the occupants namely Pushkar Lal could be

apprehended whereas the other escaped. It is alleged that the

petitioner, Sonu @ Mohd. Rafiq and Amar Singh were escorting the

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said Scorpio car in an unnumbered Brezza car. The petitioner has

been charge-sheeted in this case for the offence under Section

8/29 of the NDPS Act with an allegation of escorting the Scorpio

vehicle in which the contraband poppy-straw was being

transported.

Learned counsel for the petitioner drew the court's attention

to the statement of the IO Ravindra Pratap Singh (PW.1) and

pointed out that other than the confession of the co-accused, no

material whatsoever was collected by the IO during the

investigation which could establish the fact that the occupants of

the Brezza car were escorting the Scorpio car in which,

contraband poppy-straw was being transported. He further

submitted that no call detail records were collected by the

Investigating Officer during the course of investigation. He further

submits that the petitioner does not have any criminal antecedent.

He thus, urges that the petitioner deserves indulgence of bail in

this case.

Learned Public Prosecutor vehemently and fervently opposed

the submissions advanced by the petitioner's counsel. However, he

too is not in a position to dispute the fact that the petitioner was

not present in the vehicle from which the contraband poppy straw

was recovered. It is also not disputed and rather admitted by the

Investigating Officer that the call detail records of the petitioner's

mobile were not collected during investigation. In this view of the

matter, I am of the opinion that the conditions of Section 37 of the

NDPS Act are duly satisfied qua the petitioner.

In this background and having regard to the entirety of the

facts and circumstances of the case, I am inclined to grant

indulgence of bail to the petitioner. Accordingly, the instant bail

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application under Section 439 CrPc is allowed and it is directed

that the accused-petitioner Bherulal S/o Shri Ratanlal arrested in

connection with F.I.R. No.129/2020 registered at the Police Station

Chhoti Sadari, District Pratapgarh shall be released on bail;

provided he furnishes a personal bond of Rs.50,000/- and two

surety bonds of Rs.25,000/- 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.

(SANDEEP MEHTA),J

12-Sudhir Asopa/-

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