Citation : 2022 Latest Caselaw 9201 Raj
Judgement Date : 14 July, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous IV Bail Application No. 1442/2022
1. Ranjeet S/o Sh. Swarn Singh @ Baba, Aged About 26 Years, Ward No. 43 F, Baringa, Ps Sri Karanpur, Dist. Sri Ganganagar, Rajasthan. (Presently Lodged In Jail Sub Jail- Sri Karanpur).
2. Hardeep Singh S/o Sh. Swarn Singh @ Baba, Aged About 30 Years, Ward No. 43 F, Baringa, Ps Sri Karanpur, Dist. Sri Ganganagar, Rajasthan. (Presently Lodged In Jail Sub Jail- Sri Karanpur).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. N.K. Sharma
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
14/07/2022
Learned counsel for the petitioners has submitted
that the petitioners have falsely been implicated in this
case. It is argued that from the charge-sheet and the
statement of the Seizure Officer/I.O., it is clear that no
recovery of any narcotic contraband is effected at the
instance of the petitioners. It is further argued that there
is no iota of evidence available on record, which suggests
(2 of 3) [CRLMB-1442/2022]
that the petitioners are in contact with co-accused Govind
Ram, who allegedly supplied the narcotic contraband to
co-accused Swarn Singh @ Baba. Learned counsel has
also submitted that when no narcotic contraband has
been recovered from the petitioners and no direct
evidence involving the petitioners in commission of crime
is available on record, they may be enlarged on bail.
Learned counsel for the petitioners has further submitted
that co-accused Govind Ram has already been enlarged
on bail by this Court.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and argued that huge
quantity of more than 8 kgs of opium have been
recovered from the house of the petitioners and from the
possession of their father Swarn Singh @ Baba. It is also
submitted by the learned Public Prosecutor that more
than five lakh rupees have been recovered from both the
petitioners and there is all possibility that the said cash
has been collected by selling the narcotic contraband.
Learned Public Prosecutor has submitted that the case of
the petitioners is distinguishable from that of co-accused
Govind Ram, against whom, the allegation is only to the
effect that he has supplied the narcotic contraband.
(3 of 3) [CRLMB-1442/2022]
Learned Public Prosecutor, thus, submitted that it is not a
fit case, where the petitioners can be enlarged on bail.
Having heard learned counsel for the parties; after
going through the charge-sheet as well as the statement
of the prosecution witnesses recorded so far; taking into
consideration the fact that more than five lakh rupees
have been recovered from the petitioners and around 8
kgs of opium have been recovered from the possession of
their father Swarn Singh @ Baba, I am not inclined to
enlarge the petitioners on bail.
Hence, this fourth bail application is dismissed.
(VIJAY BISHNOI),J
285-msrathore/-
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