Shaukin vs State Of Rajasthan
2021 Latest Caselaw 9009 Raj

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.

(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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