Ishwar vs State Of Rajasthan
2022 Latest Caselaw 9125 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous II Bail Application No. 385/2022

Ishwar S/o Mangilal, Aged About 29 Years, Niwasi Juna Pani Road, Aalamgarh Police Thana Shamgarh Distt. Mandsore M.P. (Presently Lodged In Sub Jail Jaitaran, Distt. Pali)

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

----Respondent

For Petitioner(s) : Mr. Ramniwas For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

13/07/2022

Heard learned counsel for the parties and perused

the material available on record.

The petitioner(s) has/have been arrested in FIR

No.245/2012 of Police Station Sendara, District Pali for

the offence(s) punishable under Section(s) 8/15 and 29

of the NDPS Act. He/she/they has/have preferred

this/these second bail application(s) under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that

as per the prosecution story, the police has seized huge

quantity of poppy straw weighing 5470 kgs from one

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Sunil and juvenile Shyam Lal while they were

transporting the same in a truck. The above-named

persons, after their arrest, have informed the police that

the narcotic contranband was loaded in the truck by the

petitioner and his brother namely Mohan. In the charge-

sheet, it is mentioned that the police had asked co-

accused Sunil to have conversation with the petitioner

and his brother and as per their instructions, co-accused

Sunil talked with the petitioner and his brother on their

mobile phones. Learned counsel has argued that on the

basis of the said evidence i.e. the information supplied by

the co-accused persons while in police custody and the

so-called conversation between co-accused Sunil and the

petitioner, charge-sheet under Section 8/29 of the NDPS

Act was filed against the petitioner. Learned counsel while

inviting my attention towards the statement of the I.O.

namely Suresh Choudhary (PW-20) has argued that the

said witness, in his cross-examination, has admitted that

the Sim No.8827962515 allegedly used by the petitioner

is not in his name and the so-called conversation took

place between co-accused Sunil and the petitioner is also

not part of the record. It is further argued that when the

above-referred sim number is not in the name of the

petitioner, it cannot be concluded that the petitioner was

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in contact with the co-accused, from whom, the narcotic

contraband was recovered in any manner. Learned

counsel for the petitioner has submitted that except the

said evidence, no other evidence is available on record

against the petitioner and on the basis of the above

evidence, it would be very difficult for the prosecution to

prove the guilt of the petitioner. Learned counsel has

submitted that since the petitioner is in custody from

27.2.2019 and trial of the case is likely to take time, he

may be enlarged on bail.

Learned Public Prosecutor has opposed the bail

application.

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 second bail application(s)

filed under Section 439 Cr.P.C. is/are allowed and it is

directed that petitioner(s) - Ishwar S/o Mangilal shall be

released on bail in connection with FIR No.245/2012 of

Police Station Sendara, 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

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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

200-msrathore/-

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