Rajasthan High Court - Jodhpur
Sonpal Singh @ Sona vs State on 17 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 11954/2021
Sonpal Singh @ Sona S/o Lal Singh, Aged About 21 Years, R/o
Ward No. 2, Srikaranpur Police Station Srikaranpur, District Sri
Ganganagar. (Presently Lodged In Srikaranpur Jail)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Swaroop Singh
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
17/12/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.32/2019 of Police Station Srikaranpur, Distt. Sri
Ganganagar for the offence(s) punishable under
Section(s) 8/22, 29 of the NDPS Act and Section 3/25 of
the Arms Act. He/she/they has/have preferred this/these
second bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
the police has apprehended one Sukhdeep Kumar @ Sipu
while transporting tablets containing narcotic substance
(2 of 3) [CRLMB-11954/2021]
tramadol above commercial quantity. It is further
submitted that the police has interrogated Sukhdeep
Kumar @ Sipu and during the couse of interrogation, he
supplied information that he procured the said narcotic
contraband from the petitioner. Learned counsel has
submitted that except the information supplied by the co-
accused person while in police custody, no other evidence
is available on record to connect the petitioner with the
commission of crime. Learned counsel has further
submitted that it is settled that any information supplied
by a co-accused person while in police custody is not
admissible in evidence. Learned counsel while drawing
attention of this Court towards the charge-sheet as well
as the statement of the IO namely Surendra Kumar
(PW-4) has submitted that from the above, it is clear that
except the information supplied by the co-accused person
while in police custody, no other evidence is available on
record to connect the petitioner with the commission of
crime.
Learned Public Prosecutor has opposed the bail
application(s).
Having regard to the totality of the facts and
circumstances of the case, after going through the
charge-sheet as well as the statement of the IO namely
(3 of 3) [CRLMB-11954/2021]
Surendra Kumar (PW-4), without expressing any opinion
on the merits of the case, I deem it just and proper to
grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these second bail application(s)
filed under Section 439 Cr.P.C. is/are allowed and it is
directed that petitioner(s) - Sonpal Singh @ Sona S/o Lal
Singh shall be released on bail in connection with FIR
No.32/2019 of Police Station Srikaranpur, Distt. Sri
Ganganagar provided he/she/they execute(s) a personal
bond in the 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/her/their 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
16 - ms rathore
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