Mahendra Bhawat vs State Of Rajasthan
2022 Latest Caselaw 374 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous IIIrd Bail Application No. 13639/2021

Mahendra Bhawat S/o Ghanshyam, Aged About 26 Years, R/o Adwaniya Chadsara, Police Station Dabok, District Udaipur. (At Present Lodged In Central Jail, Sirohi)

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

----Respondent

For Petitioner(s) : Mr. Jai Kishan Hania (through VC) For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

06/01/2022

The defects pointed out by the office have already been

removed.

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.147/2018

of Police Station Anadara, District Sirohi for the offence(s)

punishable under Section(s) 8/15, 25 of NDPS Act. 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 the earlier bail application, statement of the I.O.

namely Prabhuram (PW/5) has been recorded before the trial

court. It is submitted that the Investigating Officer (PW-5), in his

evidence, has admitted that at the time of incident, the vehicle in

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question was in possession of co-accused-Mukesh, who has

further handed over the same to co-accused-Prakash. Learned

counsel for the petitioner has further submitted that the

Investigating Officer (PW-5) has also specifically admitted that

during the course of investigation, the police has not collected any

evidence at any stage that the petitioner was in touch with co-

accused-Mukesh in any manner. Learned counsel for the petitioner

has submitted that from the charge-sheet, it is clear that though

the petitioner was the registered owner of vehicle No.RJ27-CB-

1393, but he sold the said vehicle to co-accused - Mukesh by way

of an agreement. It is further submitted that the police has

recorded statements of notary and other witnesses, who had

confirmed that the petitioner has sold the vehicle used in the

commission of crime to co-accused-Mukesh. It is, therefore,

submitted that in view of the above piece of evidence, it can very

well be assumed that the petitioner has sold the vehicle to co-

accused-Mukesh and he was not in knowlege that the said vehicle

will be used in transporting the narcotic contraband.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and circumstances

of the case and after going through the charge-sheet as well as

the evidence of the I.O. (PW-5), 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) -

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Mahendra Bhawat S/o Ghanshyam shall be released on bail in

connection with FIR No.147/2018 of Police Station Anadara,

District Sirohi 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 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

132-mohit/-

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