Suresh Vaishnav vs State Of Rajasthan
2021 Latest Caselaw 18337 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10278/2021

Suresh Vaishnav S/o Heera Das Vaishnav, Aged About 30 Years, Bhimlat, Police Station Shambhugarh Dist. Bhilwara. (At Present Lodged In District Jail, Bhilwara).

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


For Petitioner(s)        :     Mr. Rakesh Matoria
For Respondent(s)        :     Mr. Arun Kumar, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

02/12/2021

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.280/2020 of

Police Station Mandal District Bhilwara for the offences punishable

under Sections 8/29 of NDPS Act. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, police party have tried to stop a Maruti Eco

Car No. RJ51UA0412 on 17.10.2020 during nakabandi under an

impression that the same was used for illegal activities. It is the

case of the prosecution that a person, who was driving a car, on

seeing the police party has stopped the car and ran away from the

scene of crime. The police was seized the car and found huge

(2 of 3) [CRLMB-10278/2021]

quantity of poppy straw above commercial quantity in it. The car

was registered in the name of co-accused Sanwar Kumar and the

police arrested him and he has admitted that he was driving the

car and transporting narcotic contraband, however, while in police

custody, he further supplied the information that the said narcotic

contraband was to be supplied to the petitioner. On the basis of

said information, the police have arrested the petitioner and after

investigation, they filed charge-sheet against him for the offence

punishable under Section 8/29 of NDPS Act.

Learned counsel has argued that no evidence available on

record to suggest that the petitioner was involved in commission

of crime in any manner. It is also submitted that the petitioner is

being implicated in this case only on the basis of statements of co-

accused while in police custody. It is submitted that the said piece

of evidence is not admissible in evidence. Learned counsel for the

petitioner has invited my attention towards the statements of

Investigating Officer (PW-1), in his cross examination, he has

admitted that except the information supplied by co-accused, no

other evidence is available on record to connect the petitioner with

commission of crime and he has also specifically admitted that

none of the witnesses have seen the petitioner and co-accused

together and no call details regarding any conversation between

them is available on record.

Learned Public Prosecutor has opposed the bail application.

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 accused

petitioner under Section 439 Cr.P.C.

(3 of 3) [CRLMB-10278/2021]

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Suresh Vaishnav

S/o Heera Das Vaishnav shall be released on bail in connection

with FIR No.280/2020 of Police Station Mandal District Bhilwara

provided he executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of 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.

(VIJAY BISHNOI),J

Surabhii/74-

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