Keshar Ram vs State Of Rajasthan
2021 Latest Caselaw 9788 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6124/2021

Keshar Ram S/o Bhanwaru Ram, Aged About 25 Years, By Caste Vishnoi, R/o Kanasar Police Station Baap, District Jodhpur. (At Present Lodged In Sub Jail Phalodi).

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

----Respondent

For Petitioner(s) : Mr. BR Godara, through Cisco Webex For Respondent(s) : Mr. Gaurav Singh, PP

JUSTICE DINESH MEHTA (VACATION JUDGE)

Judgment

11/06/2021

1. This application for bail has been filed by the petitioner

under Section 439 of the Cr.P.C. in connection with FIR

No.246/2019 Police Station Baap, District Jodhpur for the offences

under Sections 8/15, 25 and 29 of the NDPS Act.

2. Learned counsel for the petitioner argues that the petitioner

has been implicated for the alleged offence solely on the basis of

statement given by the main accused Vikas @ Viky from whose

possession contraband substance was recovered. Learned counsel

argues that apart from the statement so given by the main

accused, there is no other incriminating evidence against the

petitioner and thus, he is entitled to grant of bail.

3. Learned Public Prosecutor was not in a position to satisfy the

Court about the reasons for which the petitioner has been roped-

in.

(2 of 2) [CRLMB-6124/2021]

4. Having regard to the facts and circumstances of the case and

considering the fact that there is no call record or any mobile

location or any other oral statement of independent witness

against the petitioner, this Court is of the opinion that the bail

application filed by the petitioner deserves to be accepted.

5. Consequently, the bail application filed under Section 439

Cr.P.C. is allowed. The petitioner Keshar Ram S/o Bhanwaru Ram,

arrested in FIR No.246/2019 Police Station Baap, District Jodhpur

shall be released on bail on his furnishing personal bond in the

sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the trial Court.

6. Petitioner shall be required to appear before that Court on all

dates of hearing and as and when called upon to do so.

7. Needless to observe that the above observations made by

this Court are on the basis of material so far produced before the

Court. They are only prima-facie observation and the same shall

however, not come in the way of the trial Court to take

independent view of the matter, based on ocular and oral

evidence, while finally deciding the case.

(DINESH MEHTA), VJ.

4-CPGoyal/-

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