Inayat Hussain @ Neti vs State
2021 Latest Caselaw 7563 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3002/2021

Inayat Hussain @ Neti S/o Kale Khan, Aged About 33 Years, Jhamela Wali Dhani, P.s. Tibbi, District Hanumangarh. (Lodged In District Jail Hanumangarh).

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

                                                                     ----Respondent


For Petitioner(s)             :    Mr. Om Singh Chauhan
For Respondent(s)             :    Mr. Shrawan Bishnoi, PP



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                              Judgment / Order

17/03/2021

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.311/2018 of

Police Station Tibbi District Hanumangarh for the offences

punishable under Sections 8/21, 22, 25, 29 NPDS Act, 1985. He

has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of first bail application of the petitioner, statements of

Investigating Officer (PW-3) have been recorded before the trial

court. It is submitted that as per the prosecution story, huge

quantity of capsules containing narcotic substance above

commercial quantity have been recovered from the co-accused

Noor Nabi on 03.10.2018 while he was transporting the same on a

(2 of 3) [CRLMB-3002/2021]

motorcycle. It is argued that allegation against the petitioner is to

the effect that he has supplied the said narcotic contraband to the

co-accused Noor Nabi. It is submitted that the said allegation

against the petitioner is absolutely false. It is also submitted that

as per the FIR, the co-accused Noor Nabi was apprehended by the

police at 05:45 PM on 03.10.2018 whereas, the police have

recorded the information, said to have been given by co-accused

Noor Nabi under Section 27 of the Indian Evidence Act that he has

procured the said narcotic contraband from the petitioner, at

03:30 PM on 03.10.2018, which is on the face of it false. It is

submitted that except the said information given by the co-

accused Noor Nabi, the police have also recorded his statements

under Section 67 of the NDPS Act that he has procured the said

narcotic contraband from the petitioner but the said evidence is

not corroborated by any other evidence.

Learned counsel for the petitioner has invited my attention

towards the statements of Investigating Officer (PW-3)- Bishan

Sahay and has argued that from the evidence of said witness, it is

clear that no evidence confirming involvement of the petitioner in

commission of offence is available on record, except the

information supplied by himself while in police custody. It is,

therefore, submitted it is a no evidence case and the petitioner

has falsely been implicated in the matter.

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.

(3 of 3) [CRLMB-3002/2021]

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Inayat Hussain

@ Neti S/o Kale Khan shall be released on bail in connection with

FIR No.311/2018 of Police Station Tibbi District Hanumangarh

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

Surabhii/24-

Powered by TCPDF (www.tcpdf.org)