Pawan Kumar vs State
2022 Latest Caselaw 8023 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 2740/2022

Pawan Kumar S/o Bhagirath, Aged About 32 Years, Ward No. 7 U.I.t. Colony Behind Telephone Exchange, Near The House Of Prem Nayak Shyam Nagar Second, Purani Aabadi Sri Ganganagar Police Station Purani Aabadi Sri Ganganagar, Teh. And Dist. Sri Ganganagar. (At Present Lodged In Dist. Jail, Hanumangarh).

----Petitioner Versus State of Rajasthan through PP

----Respondent

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

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

26/05/2022

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.161/2019 of

Police Station Hanumangarh Town, District Hanumangarh for the

offences punishable under Sections 8/21 and 22 of the NDPS Act.

He has preferred this third bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that the

police has filed charge-sheet against the petitioner for the offence

punishable under Section 8/21 and 22 of the NDPS Act without

any basis. It is argued that in the charge-sheet, the police has

come to the conclusion that the petitioner was in connection with

(2 of 2) [CRLMB-2740/2022]

the co-accused persons, who were arrested from the site through

mobile-phone, however, no call details between the petitioner and

any of the co-accused arrested by the police have been produced

on record. It is also submitted that the Investigating Officer, in his

cross-examination, has admitted that in Exhibits P-18 and P-19,

name of petitioner is not figured, but one Ajay Kumar is there.

Learned counsel for the petitioner has also submitted that from

the charge-sheet as well as statement of Investigating Officer, it is

clear that no conclusive evidence is available on record to connect

the petitioner with the commission of crime.

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 third bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner - Pawan Kumar

S/o Bhagirath shall be released on bail in connection with FIR

No.161/2019 of Police Station Hanumangarh Town, District

Hanumangarh 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 493-S. Dhingra/-

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