Rajpal Singh vs Union Of India
2022 Latest Caselaw 2639 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2141/2022

Rajpal Singh S/o Jalam Singh, Aged About 33 Years, R/o Piplya Nathawat, P.s. Nimach City, Post Piplon, Teh. And Dist. Nimach (M.p.). (At Present Lodged In Sub Jail, Bali).

----Petitioner Versus Union Of India, Through Ncb

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10111/2021 Nepal Singh S/o Mohan Singh, Aged About 28 Years, R/o Village Pipaliya Nathawat, Post Piplon, P.s. Neemuch City, (M.p.). (At Present Lodged At District Jail, Pali).

----Petitioner Versus Ncb, Through Pp

----Respondent S.B. Criminal Miscellaneous Bail Application No. 12688/2021 Sajid S/o Mohammed Ramjan, Aged About 30 Years, R/o Yadav Mandi, Infront Of Jaysaval Laus, Ward No. 18, Police Station Nimach Kent, Tehsil And District Nimach (Madhyapradesh) (Lodged In Sub Jail, Bali Pali)

----Petitioner Versus State, Through Pp

----Respondent S.B. Criminal Miscellaneous Bail Application No. 15155/2021 Kamlesh Kumar Nagda S/o Sh. Radheyshyam Nagda, Aged About 41 Years, R/o Village Borekheri-Paneri, Tehsil Neemach, Dist. Neemach (M.p.).

(Presently Lodged In Sub Jail, Bali).

----Petitioner Versus Uoi Through, Narcotics Control Bureau,jodhpur, Through Pp

----Respondent

(2 of 4) [CRLMB-2141/2022]

S.B. Criminal Miscellaneous Bail Application No. 15157/2021 Manohar Singh S/o Madan Singh, Aged About 45 Years, R/o House No. 20/3, Ward No. 12 Post Bordiya Kallan Chhayan, P.s. Nimach City, Teh. And Dist. Nimach (M.p.). (At Present Lodged In Sub Jail, Bali).

----Petitioner Versus Union Of India Through Ncb, Through Ncb

----Respondent

For Petitioner(s) : Mr. Lokesh Mathur Mr. R.K. Charan Mr. Brijesh Pareek Mr. Shambhoo Singh Rathore Mr. Kailash Khilery For Respondent(s) : Mr. M.R. Pareek, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

15/02/2022 S.B. Criminal Misc. Bail Application No. 2141/2022

S.B. Criminal Misc. Bail Application No. 10111/2021 S.B. Criminal Misc. Bail Application No. 15155/2021 S.B. Criminal Misc. Bail Application No. 15157/2021 All the above mentioned bail applications shall stand decided

by this common order as they arise out of the same FIR.

The present bail applications have been filed under Section

439 Cr.P.C. on behalf of the petitioners who are in custody in

connection with F.I.R. No.VIII(io)02/NCB/JZU/2021, Police Station

NCB, Jodhpur for the offence under Sections 8/18, 25 & 29 of

NDPS Act.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material available on

record.

                                        (3 of 4)                     [CRLMB-2141/2022]


     Learned    counsel       for     the     petitioners         submit   that   the

contraband has not been recovered from the possession of the

present petitioners. They submit that the only evidence against

the present petitioners is the confessional statement of co-accused

Prem Singh as well as their own statements.

Learned counsel further submit that in view of the judgment

of the Hon'ble Supreme Court in the case of Tofan Singh Vs.

State of Tamil Nadu Reported in (2021) 4 SCC 1, the

confessional statements cannot form the sole basis for implicating

a person in a case of NDPS. Learned counsel further submit that

the case of the present petitioners is identical to the case of Udai

Singh who has been enlarged on bail by this Court vide order

dated 02.02.2022. He, therefore, prays that the petitioners may

be enlarge on bail.

Learned Public Prosecutor has opposed the bail application

but he is unable to distinguish the case of the present petitioners

vis-a-vis the case of the co-accused person who has been

enlarged on bail.

Having regard to the facts and circumstances of the case and

upon a consideration of the arguments advanced and considering

the fact that the case of the present petitioners is identical to co-

accused aforesaid who has been enlarged on bail by this Court,

this Court is of the opinion that the petitioners are entitled for the

grant of bail under Section 439 Cr.P.C.

Accordingly, the present bail applications filed under Section

439 Cr.P.C. are allowed and it is directed that the petitioners (1)

Rajpal Singh S/o Jalam Singh, (2) Nepal Singh S/o Mohan

Singh (3) Kamlesh Kumar Nagda S/o Sh. Radheyshyam

(4 of 4) [CRLMB-2141/2022]

Nagda and (4) Manohar Singh S/o Madan Singh shall be

released on bail in connection with F.I.R.

No.VIII(io)02/NCB/JZU/2021, Police Station NCB, Jodhpur

provided each of them executes a personal bond in a sum of

Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent

sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) ( out of

which one surety will be of local) each to the satisfaction of the

learned trial Court for 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.

S.B. Criminal Misc. Bail Application No. 12688/2021

Learned counsel for the petitioner submits that he does not

want to press the present bail application at this stage, however,

seeks liberty to file fresh bail application after the statement of

Seizure Officer and Investigating Officer is recorded before the

trial court.

Dismissed accordingly with liberty as prayed for.

(VINIT KUMAR MATHUR),J 50-54-Shahenshah/-

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