Manoj @ Vinod vs State Of Rajasthan
2021 Latest Caselaw 13042 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6249/2021

Manoj @ Vinod S/o Magni Ram Jat, Aged About 35 Years, Manakpura, P.s. Vijaypur, Dist. Chittorgarh (Raj.). (At Present Lodged In District Jail, Chittorgarh).

                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)           :     Mr. B.R. Bishnoi
For Respondent(s)           :     Mr. Mukhtiyaar Khan, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

24/08/2021

The present 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.37/2020, Police Station Bassi, District

Chittorgarh, registered for the offence under Sections 8/18 & 8/29

of the NDPS act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that as per

prosecution, 6 kgs 600 grams opium was recovered from the

possession of co-accused Prakash Jat; accused-petitioner has been

implicated in this case only on the basis of statement of co-

accused.   With     these       submissions,       learned       counsel   for   the




                                        (2 of 3)                     [CRLMB-6249/2021]

petitioner prayed that benefit of bail may be granted to the

accused-petitioner.

On the contrary, learned Public Prosecutor opposed the bail

application of the accused-petitioner and stated that in compliance

of order dated 16.08.2021, copy of call detail report has been

supplied to learned counsel for the petitioner which shows that

accused-petitioner was in regular contact with the co-accused.

In reply, learned counsel for the petitioner stated that

although copy of call detail report has been supplied but to prove

call detail report, certificate required under Section 65B of the

Evidence Act was not obtained by I.O., which is clear cut violation

of legal provision. In support of his contention, learned counsel

has relied upon the judgment of Supreme Court in the case of

Anvar P.V. vs. P.K. Basheer : AIR 2015 SC 180.

Having regard to the facts and circumstances of the case and

particularly to the fact that accused-petitioner has been implicated

in this case only on the basis of call detail report with other co-

accused and to prove above call detail report, certificate required

under Section 65B of the Evidence Act was not obtained by the

I.O. therefore, 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 bail application is allowed. It is ordered

that the accused-petitioner-Manoj @ Vinod S/o Magni Ram Jat,

arrested in connection with F.I.R. No.37/2020, Police Station

(3 of 3) [CRLMB-6249/2021]

Bassi, 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/- (Rupees One Lakh) and two sureties of Rs.50,000/-

(Rupees Fifty Thousand) each to the satisfaction of the 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.

(DEVENDRA KACHHAWAHA),J 7-Bharti/-

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