Ram Kumar Ramu Dalip vs State Of Rajasthan
2022 Latest Caselaw 11297 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 8244/2022

Ram Kumar Ramu Dalip S/o Puran Pal, Aged About 28 Years, Kevatna, Post Balha, Supol P.s., Bihar, At Present Residing As Tenant As Shastri Park, Delhi. (Lodged In Dist. Jail, Hanumangarh).

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


For Petitioner(s)           :    Mr. JK Haniya
For Respondent(s)           :    Mr. Laxman Singh, PP
                                 assisted by Ms. Kamla Goswami



                 HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

09/09/2022

1. The instant second bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No. 712/2021 registered at Police Station Hanumangarh

Junction, District Hanumangarh for the offences under Sections

8/22 and 8/29 of NDPS Act.

2. Learned counsel for the petitioner submits that a false case

has been foisted against the petitioner. The contraband is said to

have been recovered from the principal accused Shiftulla @ Imran

@ Lala. The petitioner has nothing to do with the alleged offence.

There is no evidence even for name sake to show direct nexus in

between the alleged crime and the petitioner. It is strenuously

urged that the petitioner has been arraigned as an accused in this

case simply on the basis of statement of the co-accused made in

(2 of 2) [CRLMB-8244/2022]

his custody of the police which is not admissible by virtue of

operation of Sections 25 and 26 of the Indian Evidence Act. There

is no corroboration of the alleged disclosure statement, thus, in

view of the judgment passed by the Hon'ble Supreme Court in the

case of Tofan Singh Vs. State of Tamil Nadu reported in

(2021) 4 SCC 1, the allegation against the petitioner cannot be

substantiated.

3. Per contra, learned Public Prosecutor opposed the bail

application.

4. Heard learned counsel for the petitioner and perused the

challan papers. Considering the arguments advanced by the

counsel for the parties and looking to the possibility that the trial

may take long time to conclude, this court deems it just and

proper to enlarge the petitioner on bail.

5. Accordingly, the second bail application under Section 439

Cr.P.C. is allowed and it is ordered that the accused-petitioner Ram

Kumar @ Ramu @ Dalip S/o Puran Pal shall be enlarged on bail

provided he furnishes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for his appearance before the court concerned

on all the dates of hearing as and when called upon to do so.

(FARJAND ALI),J 61-Arti/-

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