Arjun vs State
2021 Latest Caselaw 2206 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12749/2020

Arjun S/o Babu Lal Dhakad, Aged About 27 Years, B/c Dhakad, R/o Pratap Chowk, Kanera Police Station, Kanera, District Chittorgarh. (Lodged In District Jail, Chittorgarh).

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


For Petitioner(s)        :     Mr. B Ray Bishnoi
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

27/01/2021

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.97/2018 of Police

Station Bassi District Chittorgarh for the offences punishable

under Sections 8/15, 25 and 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, 139.300 kgs of poppy straw were seized by

the police from an abandoned car. It is submitted that in the

investigation, the police have concluded that the car is registered

in the name of one Kailash and from whom, the same was

purchased by co-accused Ganesh. It is also submitted that the

police have further concluded that on the date of incident, the

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petitioner Arjun borrowed the said car from co-accused Ganesh, in

which, he was transporting 139.300 kgs of poppy straw, however,

as the fuel in the car was finished, he left the same in an

abandoned condition to fetch the fuel, but in between, the police

have found the car. It is submitted that except the information

supplied by co-accused Ganesh, no other evidence is available on

record against the petitioner to connect him with the commission

of crime. It is further submitted that the co-accused Ganesh has

supplied the information while in police custody and the said piece

of evidence is not admissible in evidence. Learned counsel has

invited my attention towards the statements of first Investigating

Officer- Ratan Singh (PW-3) and second Investigating Officer-

Onkar Singh (PW-8) and argued that from the statements of said

Investigating Officers, it is clear that except the information

supplied by co-accused Ganesh while in police custody, no other

evidence exists against the petitioner.

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 Arjun S/o Babu

Lal Dhakad shall be released on bail in connection with FIR

No.97/2018 of Police Station Bassi District Chittorgarh 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

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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/15-

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