Nemichand vs State
2022 Latest Caselaw 4469 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous V Bail Application No. 2410/2022

Nemichand S/o Ramlal Gurjar, Aged About 30 Years, R/o Pholiyakalan, District Bhilwara (Raj.) (Presently Lodged In District Jail, Bhilwara)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Rajiv Bishnoi

For Respondent(s) : Mr. Shrawan Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

22/03/2022

Heard learned counsel for the parties and perused

the material available on record.

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

No.201/2017 of Police Station Bengu, Distt. Chittorgarh

for the offence(s) punishable under Section(s) 8/15 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

as per the prosecution story, 200 kgs of poppy straw was

(2 of 3) [CRLMB-2410/2022]

recovered by the police from co-accused Sampat Lal

while he was transporting the same. After his arrest, co-

accused Sampat Lal, while in police custody, has given

information that he had procured the said narcotic

contraband from the petitioner. On the basis of the said

information supplied by co-accused Sampat Lal, the

police filed charge-sheet against the pettioner under

Section 8/29 of the NDPS Act.

Learned counsel for the petitioner has submitted that

except the information supplied by co-accused Sampat

Lal while in police custody, no other evidence is

availablae on record to connect the petitioner with the

commission of crime. Learned counsel for the petitioner

while inviting my attention towards the statement of IO

namely Bhawani Singh (PW-7) has argued that the said

witness, in his statement, has specifically stated that

petitioner - Nemichand is arrested by the police only on

the basis of information supplied by co-accused Sampat

Lal while in police custody. It is also submitted that

admittedly, no narcotic contraband has been recovered at

the instance of the petitioner and no evidence is available

on record to connect the petitioner with co-accused

Sampat Lal, from whom, the narcotic contraband was

recovered. It is further submitted that it is a case of no

(3 of 3) [CRLMB-2410/2022]

evidence, as such, the petitioner may be enlarged on

bail.

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.

Accordingly, this/these fifth bail application(s) filed

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

that petitioner(s) - Nemichand S/o Ramlal Gurjar shall be

released on bail in connection with FIR No.201/2017 of

Police Station Bengu, Distt. Chittorgarh 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

73-msrathore/-

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