Kheta Ram vs State Of Rajasthan
2022 Latest Caselaw 1182 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 16218/2021

Kheta Ram S/o Sh. Narnaram, Aged About 25 Years, Aadel, P.s. Rageshwari, Dist. Barmer (Raj.). (Presently Lodged At Dist. Jail, Pali).

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

----Respondent

For Petitioner(s) : Mr. Birbal Ram (through VC) For Respondent(s) : Ms. Kamla Goswami, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

25/01/2022

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.152/2019

of Police Station Rohat, District Pali for the offence(s) punishable

under Section(s) 8/15, 29. He/she/they has/have preferred

this/these bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after

rejection of earlier bail application of the petitioner, statement of

the Investigating Officer namely Suresh Choudhary (PW-3) has

been recorded before the trial court. It is further submitted that

from the charge-sheet as well as statement of the Investigating

Officer, it appears that the petitioner has been implicated in this

case only on the basis of information supplied by co-accused

persons while in police custody or confession made by him in

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police custody. It is also submitted that admittedly, no contraband

has been recovered at the instance of the petitioner and the same

has been recovered from other co-accused persons. Learned

counsel for the petitioner has submitted that the prosecution has

failed to produce call details or any other evidence to connect the

petitioner with the other co-accused persons, from whom, narcotic

contraband above commercial quantity was recovered. It is, thus,

submitted that in the above facts and circumstances of the case, it

would be very difficult for the prosecution to prove guilt of the

petitioner and as the petitioner is in custody since 04.06.2019 and

trial against him will take time, he may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application,

however, he is not in a position to dispute the fact that no other

evidence is available on record against the petitioner, except the

information supplied by co-accused persons or confession made by

him while in police custody.

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 bail application(s) filed under Section

439 Cr.P.C. is/are allowed and it is directed that petitioner(s) -

Kheta Ram S/o Sh. Narnaram shall be released on bail in

connection with FIR No.152/2019 of Police Station Rohat, District

Pali provided he/she/they execute(s) a personal bond in the 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/her/their

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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-mohit/-

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