Rajasthan High Court - Jodhpur
Birbal Ram vs State Of Rajasthan on 1 February, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15913/2021
Birbal Ram S/o Hukmaram, Aged About 45 Years, W.no. 01, Bisrasar,
Presently Aabad Ward No. 01Sangariya Teh. Sangariya, Dist.
Hanumangarh Rajasthan. (Presently Lodged In Dist. Jail,
Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. BR Godara (through VC)
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
01/02/2022
Heard learned counsel for the petitioner as well as learned Public
Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.576/2019 of Police
Station Sangariya District Hanumangarh for the offences punishable
under Sections 8/21, 22, 29 of NDPS Act and Section 18(c), 27(b)(ii)
Drugs and Cosmetics Act. He has preferred this bail application under
Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that petitioner
has falsely been implicated in this case only on the basis of information
supplied by co-accused Haridev @ Hardev while he was in police
custody. Learned counsel for the petitioner has invited my attention
towards the statements of Investigating Officer (PW-1) and argued that
the said Investigating Officer, in his statements, has clearly admitted
that no contraband was recovered at the instance of the petitioner and
he has further admitted that no mobile phone was recovered from the
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petitioner. It is also submitted that in the absence of recovery of any
mobile phone from the petitioner, it would be very difficult for the
prosecution to prove that he was in connection with the co-accused
Haridev @ Hardev from whom narcotic contraband was recovered. It is
submitted that in the absence of any incriminating evidence suggesting
the link between the petitioner and co-accused Haridev @ Hardev, it is
clear that the petitioner has falsely been implicated in this case only on
the basis of information supplied by co-accused Haridev @ Hardev while
he was in police custody, though the same is not admissible in evidence.
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 accused petitioner under Section
439 Cr.P.C.
Accordingly, this bail application filed under Section 439 Cr.P.C. is
allowed and it is directed that petitioner Birbal Ram S/o Hukmaram shall
be released on bail in connection with FIR No.576/2019 of Police Station
Sangariya District Hanumangarh provided he executes a personal bond
in a 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
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
Surabhii/84-
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