Shivnathram vs State Of Rajasthan
2022 Latest Caselaw 1579 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal IInd Bail Application No. 426/2022

Shivnathram S/o Sh. Tilaram Ji Patel, Aged About 42 Years, R/o Jajiwal Gehlotan Police Thana Banar Teh. And Dist. Jodhpur. (Presently Lodged At Sub Jail Sirohi).

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

----Respondent

For Petitioner(s) : Mr Ram Niwas Bishnoi (VC) For Respondent(s) : Mr Laxman Solanki, Public Prosecutor

HON'BLE MR. JUSTICE ARUN BHANSALI

Judgment / Order

01/02/2022

This second Bail Application under sec.439 CrPC has been

filed by the petitioner in connection with CR No.138/2020

registered at Police Station Sanderao, District Pali for offence

under Sec.8/15 and 8/29 of the NDPS Act.

It is submitted by the learned counsel for the petitioner while

referring to statements of the Investigating Officer, who has been

examined as PW1, that qua the petitioner no material regarding

his involvement has been produced. Submission has been made

that in the cross-examination, he specifically indicated that though

he had called for the call details, however, later on the

investigation did not remain with him and that during the course

of investigation by him, he did not receive the call details and that

the call detail was not on the record.

(2 of 2) [CRLMB-426/2022]

Learned Public Prosecutor made submission that looking to

the nature of recovery, the petitioner is not entitled for the grant

of bail.

I have considered the submissions made by the counsel for

the parties and have perused the material available on record,

including the statements of the Investigation Officer (PW1).

The allegation against the petitioner pertains to escorting the

vehicle in which the contraband were being transported and as

such, challan against him has been filed under Section 8/29 of the

NDPS Act. As noticed herein before, the Investigating Officer

indicated that though he had called for the call details but the

same was not received by him and that the call details were not

available on the record. Without expressing any opinion on merits

of the case, this Court is of the opinion that the petitioner is

entitled to bail.

Consequently, the bail application is allowed. It is ordered

that the accused-applicant - Shivnath Ram S/o Tila Ram

arrested in connection with CR no.138/2020, Police Station

Sanderao, District Pali shall be released on bail, provided he

furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand

Only) with two sureties of Rs.25,000/- (Rupees Twenty Five

Thousand Only) 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.

(ARUN BHANSALI),J 177-MMA/-

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