Rajasthan High Court - Jodhpur
Rohit Khillery vs State Of Rajasthan on 22 July, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Second Bail Application No.
2280/2021
Rohit Khillery S/o Shri Bhanwar Lal Khillery, Aged About 22
Years, Village Kud Khokhariya, Pipar City Police Station, District
Jodhpur, Presently Resident Of Opp. Of Apex School, Mahaveer
Nagar, Kuri Bhagtasni Police Station, Kuri Bhagtasni, Jodhpur,
District Jodhpur Metro. (Lodged In Central Jail Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh
Ms. Priyanka Borana
For Respondent(s) : Mr. Mahipal Bishnoi, PP
Smt. Anita Meena, SI
Police Lines, Jodhpur
Commissionerate & Mr. Bharat Rawat,
CI
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/07/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
This Court perused the material available on record.
The petitioner has been arrested in connection with FIR No.
58/2019 of Police Station, Banar, District Jodhpur for the offences
punishable under Sections 8/15 & 8/29 of NDPS Act. He has
preferred this second bail application under Section 439 Cr.P.C.
Counsel for the petitioner has drawn attention of this Court
to the statement of Smt. Lalita (PW-3), who was one of the
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Investigating Officers at the crucial stage of investigation. In her
cross-examination PW-3 stated that the telephone number of
Rakesh could not be established in investigation.
This Court further takes note of the deposition of PW-3, in
which, she has said that she did not conduct any investigation
pertaining to conversation between Rakesh & Rohit Khillery. She
has further said in her investigation that she found nothing against
Rohit Khillery except for the statement of co-accused Rakesh and
Ashok.
This Court called the Investigating Officers i.e. Mr. Bharat
Rawat and Smt. Lalita Meena so as to explain as to in what
circumstance investigation resulted in the statements recorded,
which do not indicate any evidence pertaining to telephonic talk or
tower location or CCTV footage of the concerned Toll-Booth even
when the same was within the knowledge of the Investigators.
The I.O., present and learned PP submits that due to lack of
verification of original number of Rakesh itself they could not
collect any connecting evidence apart from the statement of co-
accused.
Counsel for the petitioner has also shown this Court order
dated 24.6.2021 passed by Co-ordinate Bench of this Court
wherein co-accused Ashok has been enlarged on bail vide S.B.
Criminal Misc. Second Bail Application No.7102/2021.
Learned PP assured this Court that the judgment of Tufan
Singh shall be circulated through the Director General of Police for
keeping the same into consideration at the time of investigation by
the I.O.s
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Having regard to the totality of the facts and circumstances
of the case as also the fact that conclusion of the proceedings is
likely to take some time and without expressing any opinion on
the merits of the case, this Court deems it just and proper to
grant bail to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this second bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioner Rohit
Khillery S/o Shri Bhanwar Lal Khillery shall be released on
bail in connection with FIR No.58/2019 of Police Station, Banar,
District Jodhpur provided he executes a personal bond in a sum of
Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/-
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.
(DR.PUSHPENDRA SINGH BHATI),J.
106-Sanjay/-
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