Rajasthan High Court - Jodhpur
Dashrath Suhalka vs State on 19 February, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 1770/2021
Dashrath Suhalka S/o Sh. Laxman Ji, Aged About 33 Years, B/c
Suhalka (Kalal), R/o Semliya, Tehsil Gangrar, Dist. Chittorgarh
(Raj.). (Presently Lodged At Sub Jail, Bali).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. M.L. Bishnoi
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
19/02/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.189/2016 of Police Station Rani, District Pali for the
offence(s) punishable under Section(s) 8/15 and 29 of
the NDPS 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
as per the prosecution story, the police seized a Honda
City car in an abandoned condition, from which, huge
(2 of 3) [CRLMB-1770/2021]
quantity of poppy straw above commercial quantity was
recovered. After investigation, the police concluded that
the said narcotic contraband was illegally transported by
co-accused persons namely Shanti Lal and Ramesh,
which was supplied to them by the present petitioner.
Learned counsel has submitted that except the
information provided by the above named co-accused
persons while in police custody, no other evidence is
avaialble on record to connect the petitioner with the
commission of crime. Learned counsel for the petitioner
while inviting my attention towards the statements of the
I.O. namely Parbat Singh (PW-1) has argued that from
the evidene of the above witness, it is clear that no call
details, establishing connection of the petitioner with co-
accused persons Shanti Lal and Ramesh, has been
collected by the I.O. It is also argued that it is well
settled that any information given by co-accused while in
police custody is not admissible in evidence.
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 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) - Dashrath Suhalka S/o Sh.
Laxman Ji shall be released on bail in connection with FIR
(3 of 3) [CRLMB-1770/2021]
No.189/2016 of Police Station Rani, District Pali 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
32-msrathore/-
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