Gurpreet Singh @ Gabbar vs State Of Rajasthan
2021 Latest Caselaw 8347 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 3583/2021

Gurpreet Singh @ Gabbar S/o Jagdeep Singh, Aged About 25 Years, R/o Channu, P.s. Lambi Punjab, At Present Ward No. 25, Sangaria Tehsil Sangaria, Dist. Hanumangarh. (At Present Lodged In District Jail, Hanumangarh).

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


For Petitioner(s)         :     Mr. G.R. Bhari
For Respondent(s)         :     Mr. Shrawan Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

25/03/2021

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.467/2018 of Police Station Sangaria, District

Hanumangarh for the offence(s) punishable under

Section(s) 8/21, 22, 29 of the NDPS Act and Sections 18

(C)/27-B (2) of the Drugs and Cosmetic Act.

He/she/they has/have preferred this/these second bail

application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that

huge quantity of tablets containing narcotic substance

were recovered by the police from the possession of co-

accused namely Mukesh Kumar and Kuldeep Kumar.

While in police custody, both the above named co-

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accused persons have confessed that the said narcotic

contraband has been procured by them from the

petitioner. On the basis of the said confessional

statements of the co-accused persons, the police arrested

the petitioner and after conclusion of the investigation

filed charge-sheet against him. It is submitted by learned

counsel for the petitioner that except the so-called

confessional statements of the co-accused persons as

well as of the petitioner while in police custody, no other

material is available on record to connect him with the

commission of crime. Learned counsel has submitted that

though the confessional statements of the co-accused

persons were recorded under Section 67 of the NDPS Act,

but no corroborative evidence has been collected by the police to verify such confession. Learned counsel for the

petitioner while inviting my attention towards the

statements of the I.O. namely Indra Kumar (PW-6) has

pointed out that the said witness has specifically stated

that before recording of the confessional statement of the

petitioner under Section 67 of the NDPS Act, he has not

informed him that the said confessional statement can be

read or used against him. Learned counsel for the

petitioner has, thus, submitted that in the above facts

and circumstances of the case, it is clear that the

petitioner has falsely been implicated in this case.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and

circumstances of the case, without expressing any

(3 of 3) [CRLMB-3583/2021]

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 second bail application(s)

filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Gurpreet Singh @ Gabbar

S/o Jagdeep Singh shall be released on bail in connection

with FIR No.467/2018 of Police Station Sangaria, District

Hanumangarh 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

35-msrathore/-

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