Rajasthan High Court - Jodhpur
Sobhagsingh vs State Of Rajasthan on 7 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 4483/2021
Sobhag Singh S/o Sh. Govind Singh, Aged About 40 Years, R/o
Charliya, Choti Sadar, Dist. Pratapgarh. (Presently Lodged At
Dist. Jail, Pratapgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mangi Lal Bishnoi
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
07/07/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.220/2019 of Police Station Chhoti Sadari, Distt.
Pratapgarh for the offence(s) punishable under Section(s)
8/15 and 25 of the NDPS Act. He/she/they has/have
preferred this/these third bail application(s) under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
as per the prosecution story, the police have
apprehended the present petitioner and co-accused Moti
Singh while they were transporting narcotic contraband
poppy straw weighing around 104 kgs in a car. After their
arrest, the I.O. has recorded information from the
petitioner as well as co-accused Moti Singh under Section
(2 of 3) [CRLMB-4483/2021]
27 of the Indian Evidence Act wherein, the petitioner has
informed that he has procured 40 kgs of poppy straw
from one Ram Narayan Patidar out of 104 kgs whereas,
co-accused Moti Singh has supplied information to the
I.O. under Section 27 of the Indian Evidence Act that he
has procured 64 kgs of poppy straw from Ram Narayan
Patidar out of 104 kgs. Learned counsel for the petitioner
while inviting my attention towards the statements of I.O.
namely Deepak Kumar (PW-3) has submitted that the
I.O., in his evidence, has admitted that the petitioner was
possessing 40 kgs of poppy straw only on the basis of the
evidence collected by him during the course of
investigation. It is also submitted that when the I.O.
himself is saying that the petitioner is guilty of possessing
40 kgs of poppy straw, which is below commercial
quantity, he is entitled to be enlarged on bail.
Learned Public Prosecutor has opposed the bail
application(s).
Having regard to the totality of the facts and
circumstances of the case and keeping in view the
evidence of the I.O. namely Deepak Kumar (PW-3),
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 third bail application(s) filed
under Section 439 Cr.P.C. is/are allowed and it is directed
that petitioner(s) - Sobhag Singh S/o Sh. Govind Singh
shall be released on bail in connection with FIR
No.220/2019 of Police Station Chhoti Sadari, Distt.
(3 of 3) [CRLMB-4483/2021]
Pratapgarh 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
98-msrathore/-
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