Sunil Kumar vs State
2022 Latest Caselaw 14445 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous II Bail Application No. 9384/2022

Sunil Kumar S/o Harlal, Aged About 24 Years, R/o Khanta Ps Raisingh Nagar Dist. Sri Ganganagar (At Present Lodged In Sub Jail Raisingh Nagar)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Rajendra Choudhary For Respondent(s) : Mr. Vikram Sharma, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

08/12/2022

Heard learned counsel for the parties and perused the

material available on record.

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

No.58/2020 of Police Station Raisinghnagar, District

Sriganganagar for the offence(s) punishable under Section(s)

8/21, 8/22, 25 and 29 of the NDPS 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

after rejection of the first bail application of the petitioner,

statement of the IO has been recorded before the trial court

as PW-2. It is submitted that in the said statement, the IO

(2 of 3) [CRLMB-9384/2022]

has clearly stated that in the FIR and in the interrogation

note of co-accused Pramod Kumar, prepared under Section 67

of the NDPS Act, the name of the petitioner is not figured. It

is further submitted that the only reason, for which, the

petitoner has been implicated in this case is that the

petitioner had conversation with co-accused Pramod Kumar

on telephone on the day of incident. Learned counsel has also

submitted that the petitoner and co-accused Pramod Kumar

are cousin brothers and, in such circumstances, even if there

is a conversation between them on the day of incident, it

cannot be concluded that on the basis of the same, the

petitioner was involved in the commission of crime without

there being any credible evidence of the nature proving that

he was invovled in the commission of crime in any manner.

Per contra, 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 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) - Sunil Kumar S/o Harlal shall be released on

bail in connection with FIR No.58/2020 of Police Station

Raisinghnagar, District Sriganganagar provided he/she/they

execute(s) a personal bond in the sum of Rs.50,000/- with

(3 of 3) [CRLMB-9384/2022]

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

138-msrathore/-

Powered by TCPDF (www.tcpdf.org)