Rajasthan High Court - Jodhpur
Sunil Kumar vs State on 18 July, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 5th Bail Application No. 2596/2022
Sunil Kumar S/o Shri Subhash Chandra, Aged About 26 Years,
R/o Ghamandiya, Tehsil Suratgarh, District Sri Ganganagar
(Raj.) (At Present Lodged In District Sub Jail, Suratgarh)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramdev Rajpurohit, Mr. Vikram
Singh Rajpurohit
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
18/07/2022
Heard learned counsel for the parties and perused the
material available on record.
The petitioner(s) has/have been arrested in FIR
No.157/2019 of Police Station Rajiasar, Distt. Sri Ganganagar
for the offence(s) punishable under Section(s) 8/15 and 29 of
the NDPS Act. He/she/they has/have preferred this/these fifth
bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
after rejection of the earlier bail application of the petitioner,
evidence of the Seizure Officer (PW-2) has been completed.
It is further submitted that allegation against the petitioner is
to the effect that he was in a vehicle which was escorting an
(2 of 3) [CRLMB-2596/2022]
ambulance, in which, the police apprehended co-accued Nar
Singh while transporting huge quantity of narcotic
contraband. Learned counsel has submitted that as per the
prosecution story, it is the petitioner who has warned co-
accused Nar Singh about the presence of police through a
mobile phone. Learned counsel while inviting my attention
towards the statement of the Seizure Officer (PW-2) and the
IO (PW-1) has argued that both the above-referred witnesses
have clearly admitted that no evidence has been collected by
the police to establish any connection between the petitioner
and co-accused Nar Singh. It is submitted that as a matter
of fact, the petitioner took lift from co-accused Hari Ram, who
was allegedly escorting the ambulance, in which, the narcotic
contraband was recovered. It is also submitted that the
petitioner, in any manner, was not connected with co-accused
Nar Singh and Hari Ram and the police have failed to collect
any evidence to connect him with the commission of crime. It
is also submitted that co-accused Hari Ram has already been
enlarged on bail and the petitioner is in custody since August,
2019 and trial against him has not been completed till date.
Learned Public Prosecutor has opposed the bail
application(s).
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.
(3 of 3) [CRLMB-2596/2022]
Accordingly, this/these fifth bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Sunil Kumar S/o Shri Subhash Chandra shall
be released on bail in connection with FIR No.157/2019 of
Police Station Rajiasar, Distt. Sri Ganganagar 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
401-msrathore/-
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