Rajasthan High Court - Jodhpur
Umaid Singh vs State on 23 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 4083/2022
Umaid Singh S/o Dhanna Singh, Aged About 45 Years, R/o
Thikarana Mahendratana, Police Station Beawar Sadar, District
Ajmer Presently R/o Sendra Padala Police Station Sendara
District Pali Rajasthan. (Lodged In Sub Jail, Jaitaran, District Pali)
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. Amar Dan Ujjwal
For Respondent(s) : Mr. Shrawan Vishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
23/05/2022
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.218/2018 of
Police Station Raipur, District Pali for the offences punishable
under Sections 8/15 & 25 NDPS Act. He has preferred this bail
application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the
charge-sheet has been filed against the petitioner for the offences
punishable under Sections 8/15 & 25 of the NDPS Act. Learned
counsel for the petitioner has also submitted that except the fact
that the petitioner is the registered owner of the vehicle, no other
important evidence is available against him. Learned counsel for
the petitioner has further submitted that the police have not
collected any evidence of this effect that co-accused Mahendra
(2 of 2) [CRLMB-4083/2022]
Kumar and Narendra were transporting the narcotic contraband
with the consent or knowledge of the petitioner. Learned counsel
for the petitioner has invited my attention towards the statement
of Investigation Officer P.W.6 Suresh Choudhary and submitted
that the said witness in his evidence has clearly stated that the
police have not collected any evidence which could suggest that
the petitioner was in any way in contact with the co-accused
persons. Learned counsel has also submitted that in the absence
of any evidence of this effect that the co-accused persons were
transporting narcotic contraband above commercial quantity with
the consent or knowledge of the petitioner, it would be very
difficult for prosecution to prove the guilt of the petitioner.
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 accused
petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Umaid Singh S/o
Dhanna Singh shall be released on bail in connection with FIR
No.218/2018 of Police Station Raipur, District Pali provided he
executes a personal bond in a 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 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
208-AjaySingh/-
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