Rajasthan High Court - Jodhpur
Pradeep Kumar vs State on 6 May, 2021
Bench: Devendra Kachhawaha
(1 of 3) [CRLMB-5434/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5434/2021
Pradeep Kumar S/o Sh. Baburam, Aged About 35 Years, R/o
Village Jamba Ki Dhani, Post Jamba, Teh. Baap, Dist. Jodhpur
(Raj.). (Presently Lodged At District Jail, Hanumangarh).
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhanwaru Ram, through VC
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
06/05/2021
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with F.I.R. No.310/2020, Police Station Peelibanga,
District Hanumangarh, registered for the offences under Sections
8/18, 29 of the NDPS Act.
Heard learned counsel for the petitioner through video
conferencing and learned Public Prosecutor, present-in-person.
Perused the material available on record.
Learned counsel for the petitioner stated that as per page 13
and 63 of the charge-sheet, the petitioner never contacted to any
other co-accused persons; there is no evidence available on record
against the petitioner except the information of the petitioner
recorded under Section 67 of the NDPS Act; only 2 kg opium was
(2 of 3) [CRLMB-5434/2021]
supplied by him which is below commercial quantity. With these
submissions, learned counsel for the petitioner prayed that the
benefit of bail may be granted to the petitioner.
Per contra, learned Public Prosecutor fervently and
vehemently opposed the bail application and stated that at this
stage, recovered contraband cannot be bifurcated; recovered
quantity is commercial quantity; as per the statement under
Section 67 of the NDPS Act, the petitioner was having connection
with the co-accused.
Having regard to the totality of facts and circumstances of
this case and particularly to the facts that statement recorded by
a police officer appointed under NDPS Act would not be treated as
confession under Section 67 of the NDPS Act as judgment passed
by Hon'ble the Supreme Court in Tofan Singh Vs. State of
Tamil Nadu(Criminal Appeal No. 152/2013) on 29.10.2020;
except the statement of co-accused, no other direct evidence is
available on record which shows that the petitioner was having
contact with other co-accused, therefore, without expressing any
opinion on the merits/demerits of the case, this Court is of the
opinion that the bail application filed by the petitioner deserves to
be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner Pradeep Kumar S/o Sh. Baburam
arrested in connection with F.I.R. No.310/2020, Police Station
(3 of 3) [CRLMB-5434/2021]
Peelibanga, District Hanumangarh, shall be released on bail, if
not wanted in any other case; provided he furnishes a personal
bond of Rs.1,00,000/- with two sound and solvent sureties of
Rs.50,000/- each to the satisfaction of the learned trial court with
the stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.
( DEVENDRA KACHHAWAHA),J
37-/ashish/-
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