Joni vs State Of Rajasthan
2022 Latest Caselaw 12672 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9244/2022 Joni S/o Hanif Khan, Aged About 33 Years, W.no. 18, Gud Mandi Hanumangarh Town, Teh. And Dist. Hanumangarh (Raj.). (Presently Lodged In Dist. Jail, Hanumangarh).

                                                                    ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)           :     Mr. JS Khichi
For Respondent(s)           :     Mr. Mahipal Bishnoi, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                            Judgment / Order

21/10/2022

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.656/2018 of

Police Station Hanumangarh Town District Hanumangarh for the

offences punishable under Sections 8/21, 22, 29 NDPS Act and

18(c), 27(B) of (D & C Act). He has preferred this bail application

under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

petitioner has falsely been implicated in this case. It is submitted

that only on the basis of statements of co-accused Subhash, from

whom, the narcotic contraband above commercial quantity was

recovered. It is submitted that except the information of co-

accused, no other evidence is available on record to connect the

petitioner with the commission of crime. It is well settled that the

information supplied by co-accused while in police custody is not

admissible in evidence. Learned counsel for the petitioner while

inviting my attention towards the statements of Investigating

Officer (PW-4) has submitted that the said witness has also

admitted at the time of arrest that no contraband was recovered

from the petitioner, however, the IO has also failed to produce call

details to prove that there was any connection between the

petitioner and the co-accused, from whom the narcotic contraband

above commercial quantity was recovered.

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 Joni S/o Hanif

Khan shall be released on bail in connection with FIR No.656/2018

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 Surabhii/69-

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