Rajasthan High Court - Jodhpur
Yogesh Kumar vs Union Of India on 4 January, 2022
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail Application No. 13231/2021
Hanuman S/o Sh. Sohan Ram, Aged About 21 Years, r/o 79,
Pabu Nagar, Phalodi, Dist. Jodhpur.
(Presently Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
Union Of India, Through N.c.b.
----Respondent
Connected with
S.B. Criminal Misc. Bail Application No. 12537/2021
Yogesh Kumar S/o Gopal Prasad, Aged About 38 Years, r/o
Lalaram Marg, Ambedkar Park, Ramnagar, Kosikalla, Police
Thana Kosikalla Dist. Mathura (Uttar Pradesh).
(At Present Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
Union Of India, Through Ncb
----Respondent
For Petitioner(s) : Mr. Nishant Bora
Mr. Surender Choudhary
For Respondent(s) : Mr. M.R. Pareek for Union of India,
NCB
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
04/01/2022
The present bail application has been filed under Section 439
of Cr.P.C. on behalf of the petitioner who is in custody in
connection with F.I.R. No.VIII(10(16/NCB/JZU/2020), Police
Station NCB CPS, Jaipur for the offences under Sections 8/21, 22,
27-A and 29 of Narcotic Drugs and Psychotropic Substances Act,
1985.
Heard learned counsel for the parties. Perused the material
available on record.
Learned counsel for the petitioner submits that the co-
accused Sandeep Kumar has been enlarged on bail by the
co-ordinate Bench of this Court vide order dated 02.09.2021. He
further submits that the charge-sheet in the case has been filed.
(2 of 4) [CRLMB-13231/2021]
He further submits that the case of the present petitioner is not
distinguishable from the co-accused who has been enlarged on
bail. Learned counsel for the petitioner further submits that the
petitioner is having a medical store and a requisite pharmacist
license for selling the medicines. He, therefore, prays that the
petitioner may be enlarged on bail.
Learned Special Public Prosecutor while opposing the bail
application submits that the case of the present petitioner is not
similar to the co-accused Sandeep Kumar who has been enlarged
on bail by the co-ordinate Bench of this Court. However, he is
unable to distinguish the case of the present petitioner vis-a-vis
the case of the co-accused person who has been enlarged on bail.
I have considered the submissions made at the Bar. In the
present case the contraband drugs were to be delivered to the
present petitioner. Even as per the statement of the petitioner
recorded under Section 67 of the NDPS Act shows that one box of
medicines has been received by him. Since, this Court in the case
of Sandeep Kumar has elaborately discussed the judgment of
Hon'ble the Supreme Court in the case Tofan Singh vs. State of
Tamil Nadu reported in AIR 2020 SC 5592, it is clear that the
case of the present petitioner is not distinguishable from the case
of the co-accused Sandeep Kumar and the charge-sheet having
been filed in the present case.
Having regard to the peculiar facts and circumstances of the
case and the fact that case of the petitioner is identical to the co-
accused who has been enlarged on bail by this Court, this Court
deems it just and proper to release the petitioner on bail.
Consequently, the present bail application filed under Section
439 of Cr.P.C. are allowed. It is ordered that the accused-
petitioner - Hanuman S/o Sh. Sohan Ram arrested in
connection with F.I.R. No. VIII(10(16/NCB/JZU/2020), Police
Station NCB CPS, Jaipur shall be released on bail provided he
furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac
Only) with two sureties of Rs.50,000/- (Rupees : Fifty 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.
(3 of 4) [CRLMB-13231/2021]
S.B. Criminal Misc. Bail Application No. 12537/2021
The present bail application has been filed under Section 439
of Cr.P.C. on behalf of the petitioner who is in custody in
connection with F.I.R. No. VIII (10) 16/NCB/JZU/2020, Police
Station NCB, Jodhpur for the offences under Sections 8/21, 22,
25, 27-A and 29 of NDPS Act.
Heard learned counsel for the parties. Perused the material
available on record.
Learned counsel for the petitioner submits that the charge-
sheet in the case has been filed. He further submits that no part of
contraband drugs has been recovered from the present petitioner
and only on the basis of the statement of the co-accused, the
petitioner has been arrested in this case. He further submits that
there are no call details with the principal accused persons from
whom the contraband drugs has been recovered. Learned counsel
for the petitioner further submits that the co-accused Sandeep
Kumar has been enlarged on bail by the co-ordinate Bench of this
Court vide order dated 02.09.2021 and the case of the present
petitioner even stands on better footing than the co-accused
Sandeep Kumar. Therefore, it is prayed that the petitioner may be
enlarged on bail.
Learned Special Public Prosecutor while opposing the bail
application submits that there is a racket of all these persons
operating in the area. However, learned Special Public Prosecutor
is unable to contradict the submissions made by the counsel for
the petitioner.
I have considered the submissions made at the Bar and gone
through the charge-sheet as well as the order dated 02.09.2021.
There is no other evidence except the statement of the co-accused
showing the involvement of the present petitioner with the
recovery of contraband in this case.
Having regard to the peculiar facts and circumstances of the
case, this Court deems it just and proper to release the petitioner
on bail.
(4 of 4) [CRLMB-13231/2021]
Consequently, the present bail application filed under Section
439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner
-Yogesh Kumar S/o Gopal Prasad arrested in connection with
F.I.R. No. VIII (10) 16/NCB/JZU/2020, Police Station NCB, Jodhpur
shall be released on bail provided he furnishes a personal bond of
1,00,000/- (Rupees: One Lac Only) with two sureties of
Rs.50,000/- (Rupees : Fifty 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.
(VINIT KUMAR MATHUR),J
14-15-payal/-
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