Sunil Kumar vs State
2021 Latest Caselaw 19350 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13402/2021

Sunil Kumar S/o Sh. Mahaveer Prasad, Aged About 26 Years, B/c Prajapat, R/o 6 G.m., Chak 12 S.l.d., P.s. Chattargarh, Dist. Bikaner. (At Present Lodged In Central Jail, Bikaner).

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


For Petitioner(s)        :     Mr. GR Goyal
For Respondent(s)        :     Mr. AR Choudhary, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

17/12/2021

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.13/2019 of Police

Station Chattargarh, District Bikaner for the offences punishable

under Sections 8/21, 22, 25 and 29 of the NDPS Act and Section

18(c), 27(B)(II) of the Drugs and Cosmetic 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, the police conducted a nakabandi, where

the police party saw a motorcycle coming towards it, however,

upon seeing the police party, the rider of the said motorcycle tried

to turn his bike back, at that time the pillion rider got down from

the motorcycle and fled away from the scene of crime and upon

asking the name of the rider, he disclosed his name as Sevaram,

he was then apprehended by the police. The police found tablets

(2 of 3) [CRLMB-13402/2021]

containing narcotic substance in possession of him. In the charge-

sheet, it is mentioned that during the course of investigation,

Sevaram had informed that the person, who fled away from the

scene of crime is Sunil Bishnoi. Learned counsel for the petitioner

has submitted that later on the police arrested the petitioner and

claimed that it was the petitioner, who fled away from the scene of

crime. Learned counsel for the petitioner has submitted that the

police have impleaded the petitioner on the basis of the statement

of the Sevaram while he is in police custody and also submitted

that the incident occured on 19.01.2019, whereas the petitioner

was arrested on 30.03.2019. The identification parade was

conducted, wherein two constables viz. Vinod have identified the

petitioner.

Learned counsel for the petitioner has invited my attention

towards the statement of one of the constables PW-1 Vinod

recorded before the trial court, wherein he has identified the

petitioner but he has not informed the officer, who has conducted

the identification parade. On the basis of identification parade he

has identified the petitioner. Learned counsel for the petitioner has

further submitted that the incident is said to have been taken

place in the night at 11:25 PM and PW-1 has identified the

petitioner in the light of torch, however such version is altogether

unbelievable. Learned counsel has also submitted that though the

arrested person Sevaram has informed that Sunil Bishnoi fled

away from the scene of crime, whereas the police have arrested

Sunil Prajapat. Learned counsel for the petitioner has submitted

that the petitioner is in custody from two and a half years and the

trial of the case will take time.

(3 of 3) [CRLMB-13402/2021]

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.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Sunil Kumar S/o

Sh. Mahaveer Prasad shall be released on bail in connection with

FIR No.13/2019 of Police Station Chattargarh, District Bikaner

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

20-mohit/-

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