Arjunlal Son Of Shri Chand Lal vs State Of Rajasthan
2022 Latest Caselaw 3315 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Third Bail Application No.
                               1406/2022

Arjunlal Son Of Shri Chand Lal, Aged About 32 Years, Resident
Of Ward No. 6 Indra Colony Aawa, Police Station Dooni, District
Tonk (Raj.) ( At Present Confined In District Jail, Tonk)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s)        :     Mr. Anil Kumar Upman
For State                :     Mr. Sher Singh Mahla, PP



            HON'BLE MR. JUSTICE PANKAJ BHANDARI

                         Judgment / Order

26/04/2022

1. Petitioner has filed this third bail application under Section

439 Cr.P.C.

2. F.I.R. No.15/2021 was registered at Police Station Dooni,

Tonk for offence under Sections 8/20 of NDPS Act.

3. It is contended by counsel for the petitioner that two F.I.Rs.

were lodged in succession at Police Station Dooni, District Tonk

bearing F.I.R. Nos.14/2021 & 15/2021. It is also contended that

petitioner was arrested in F.I.R. No.14/2021 under the Excise Act

and in F.I.R. No.15/2021 petitioner's brother was arrested and

contraband being 21 kg 380 gm, including packing was recovered

at his instance. It is further contended that premises of petitioner

and his brother are different. In the F.I.R. itself it is mentioned

that information was received that co-accused Shankar Lal is

(2 of 3) [CRLMB-1406/2022]

dealing with drugs in his house and from his house contraband

was recovered. It is also contended that no recovery was effected

from the petitioner. Merely because the petitioner happens to be

brother of co-accused Shankar Lal, he was arrested in this case. It

is further argued that the recovered contraband is 21 kg 380 gm

which includes packing material. Co-accused from whom Shankar

Lal had purchased the contraband has been enlarged on bail by

Co-ordinate Bench of this Court.

4. Learned Public Prosecutor has opposed the third bail

application.

5. I have considered the contentions and carefully perused the

record.

6. The two F.I.Rs. which were lodged in succession and

petitioner was arrested in F.I.R. No.14/2021 under the Excise Act

and the present F.I.R. No.15/2021 was lodged on the basis of

recovery of contraband from co-accused Shankar Lal's house.

From the statement of witnesses, it is established that the house

of petitioner was at a distance from co-accused Shankar Lal's

house and petitioner was not present at the time of recovery of

contraband. The secret information received also revealed the

name of Shankarlal and the house from where the contraband was

seized also belonged to Shankarlal. Yet another infirmity is that

the search and seizure was done by SHO of Police Station, Sadar

whereas the house of Shankarlal is situated in the territorial

jurisdiction of Police Station, Dooni, District Tonk. Hence this Court

deems it proper to grant bail to the petitioner.

7. This third bail application is, accordingly, allowed and it is

(3 of 3) [CRLMB-1406/2022]

directed that accused-petitioner shall be released on bail provided

he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac only) together with two sureties in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction

of the trial Court with the stipulation that he shall appear before

that Court and any Court to which the matter be transferred, on

all subsequent dates of hearing and as and when called upon to do

so.

8. However, it is made clear that if the petitioner repeats the

offence, State would be free to move the application for

cancellation of bail before the concerned Court.

(PANKAJ BHANDARI),J

ARTI SHARMA /30

Powered by TCPDF (www.tcpdf.org)