Rahul vs State
2021 Latest Caselaw 1061 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 8182/2020

Rahul S/o Surajmal Banjara, Aged About 23 Years, R/o Radi Lasur, Police Station Javad, District Mandsor (M.p.). (At Present Lodged In District Jail Chittorgarh).

----Petitioner Versus State, Through P.p.

                                                                   ----Respondent


For Petitioner(s)          :     Mr. B.R. Bishnoi
For Respondent(s)          :     Mr. A.R. Choudhary, PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

14/01/2021

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.367/2019 of

Police Station Kotwali, District Nimbahera for the offence

punishable under Section 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, huge quantity of narcotic substance has

been recovered from two persons viz. Chainaram and Megharam,

who while in police custody, gave information to the I.O. that they

have procured the said recorded narcotic substance from Neta

Ram through the petitioner. Learned counsel for the petitioner has

submitted that except the information given by co-accused

persons viz. Chainaram and Megha Ram, no other evidence has

(2 of 2) [CRLMB-8182/2020]

been collected by the police to connect with the petitioner with the

commission of crime. It is submitted that the no recovery has

been affected at the instance of the petitioner and it is settled law

that the information supplied by co-accused while in police

custody is not admissible peace of evidence. Learned counsel for

the petitioner has invited my attention towards the statements of

Investigating Officer - Himanshu Singh (PW-1), wherein he has

specifically stated that during the course of investigation no

evidence was collected by him to connect the petitioner with the

co-accused persons viz. Chainaram and Megha Ram.

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 Rahul S/o

Surajmal Banjara shall be released on bail in connection with FIR

No.367/2019 of Police Station Kotwali, District Nimbahera

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

25-Arun/-

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