Rajasthan High Court - Jodhpur
Pawan Kumar vs State on 21 May, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 3167/2021
Pawan Kumar S/o Sh. Indrachand, Aged About 32 Years, R/o 9
Parik Bramhano Ka Mohalla Kalu, Tehsil- Lunkarnsar, Dist.
Bikaner (Raj.). (At Present Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. B.S. Sandhu (through VC)
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
21/05/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.273/2018 of Police Station Khajuwala, Distt. Bikaner
for the offence(s) punishable under Section(s) 8/21,
8/22, 8/29 of the NDPS Act. He/she/they has/have
preferred this/these third bail application(s) under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
as per the prosecution story, the petitioner has supplied
huge quantity of tablets/capsules containing narcotic
subsance to co-accused Tekchand. It is alleged that the
petitioner was in constant touch with co-accused
Tekchand on his mobile phone and as per his instructions,
he went to Jaipur and procured the narcotic contraband
(2 of 3) [CRLMB-3167/2021]
from co-accused Shyam Sunder and, thereafter, has
parcelled it to co-accused Tekchand in a bus. It is
submitted that as per the police, the petitioner was using
a mobile phone containing sim No.6367071784, which
was issued in the name of one Girdhari. It is submitted
that though the above referred sim has never been
recovered by the police, however, the statements of
Girdhari were recovered by the police, in which, he has
confirmed that the above referred sim was issued in his
name and he gave the same to the petitioner. Learned
counsel for the petitioner has invited my attention
towards the statements of Girdhari (PW-7) recorded
before the trial court, in which, he has not supported the
prosecution story and in his cross-examination, he has
specifically stated that the above referred sim was of him
and he has never given it to the petitioner and at present
he is using the said sim. It is further submitted that the
I.O. Bhajan Lal (PW-5), in his statements, as stated that
the petitioner sent cartons of narcotic contraband through
a bus to co-accused Tekchand, however, from the
statements of conductor and the driver of the alleged
bus, it is clear that they have not identified the petitioner
and have specifically stated that they did not ask the
name of the person, who sent the said cartons on
account of rush. It is further submitted that the petitioner
was not subjected to test identification by the driver and
conductor of the alleged bus. Learned counsel has
submitted that co-accused Shyam Sunder, against whom,
there is charge of supplying narcotic contraband to the
(3 of 3) [CRLMB-3167/2021]
petitioner, has already been enlarged on bail. It is also
submitted that as a matter of fact, no definite evidence
regarding commission of crime by the petitioner is
available on record. It is, thus, prayed that the petitioner
may be enlarged on bail.
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 petitioner(s) under Section
439 Cr.P.C.
Accordingly, this/these third bail application(s) filed
under Section 439 Cr.P.C. is/are allowed and it is directed
that petitioner(s) - Pawan Kumar S/o Sh. Indrachand
shall be released on bail in connection with FIR
No.273/2018 of Police Station Khajuwala, Distt. Bikaner
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
5-msrathore/-
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