Rajasthan High Court - Jodhpur
Bhanwarlal vs State Of Rajasthan on 25 January, 2022
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 252/2022
Bhanwarlal S/o Devaram, Aged About 35 Years, Khidrat
Meghwalo Ki Dhani, Ps Bhap, Dist. Jodhpur, Rajasthan.
(Presently Lodged At Sub Jail, Suratgarh).
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. S.R. Godara (through VC)
For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
25/01/2022
The present 3rd bail application has been filed under Section
439 Cr.P.C. on behalf of the applicant, who is in custody in
connection with FIR No.54/2020, P.S. Rajiyasar, District Sri
Ganganagar, for the offences under Sections 8/22 and 29 of NDPS
Act.
It is submitted by learned counsel for the petitioner that the
second bail application was rejected by the Court after the
statements of Investigating Officer were recorded. Since then, the
statements of PW/2 - Laxman Ram and PW/3 - Seizure Officer
have also been recorded.
Submissions have been made that the petitioner has been
implicated based on statements of co-accused - Baig Raj and
Updesh recorded under Section 67 of the NDPS Act, which are not
admissible in evidence.
(2 of 3) [CRLMB-252/2022]
Submissions have also been made that in the statements of
the three witnesses examined so far, the petitioner has not been
connected in any manner with the alleged office.
Reliance has been placed on Tofan Singh v. Tamil Nadu:
(2021) 4 SCC 1 and State by (NCB) Bengaluru v. Palluabid Ahmad
Arimutta & Anr.: Special Leave to Appeal (CRL.) No.242/2022,
decided on 10.1.2022.
It is submitted that there are no antecedent cases against
the petitioner, the petitioner is in custody since 01.11.2020 and
the trial is like to take time and looking to the nature of evidence,
which has come on record, the petitioner deserves to be enlarged
on bail.
Learned Public Prosecutor opposed the bail application
making submissions that the SIM in question, which has been
recovered from the petitioner, its CDR has been produced as
Ex.P/23 by the Investigating Officer and as such the connection
between the petitioner and co-accused - Baig Raj & Updesh, has
been established and, therefore, the bail application deserves
dismissal.
I have considered the submissions made by learned counsel
for the parties and have perused the material available on record.
The co-accused Baig Raj and Updesh, who were travelling on
a motorcycle were apprehended with the contraband and they in
their statements recorded under Section 67 of the Act indicated
that they had purchased the material from the petitioner. A SIM
was recovered from the petitioner, which was standing in the
name of his Uncle - Laxman Ram, who in his statements recorded
under Section 161 Cr.P.C. indicated that he had given the SIM to
(3 of 3) [CRLMB-252/2022]
the petitioner, however, when he was examined as PW/2, he
turned hostile and denied having given the SIM to the petitioner.
In the statements of PW/1, Investigating Officer and PW/3 -
Seizure Officer, which have been produced by learned counsel for
the petitioner on record, except for producing the CDR of the SIM
in question, which was allegedly recovered from the petitioner, the
Investigating Officer has not even taken the pain to point out the
part of the CDR, whereby, the calls have been made from the
particular SIM to Baig Raj and/or Updesh.
In the circumstances of the case and judgments in the case
of Tofan Singh (supra) and Pallulabid Ahmad Arimutta (supra),
without expressing any opinion on the merits of the case, this
Court is of the opinion that this 3 rd bail application filed by the
applicant deserves to be accepted.
Consequently, the 3rd bail application is allowed. It is ordered
that the accused-applicant - Bhanwarlal S/o Devaram,
arrested in connection with FIR No.54/2020, P.S. Rajiyasar, District
Sri Ganganagar, 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
136-Sumit/-
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