Premsingh vs Union Of India ...
2023 Latest Caselaw 3118 Raj

[2023/RJJD/010161]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2789/2022

Premsingh S/o Chatar Singh, Aged About 37 Years, R/o Pipalya Nathawat, P.S. Nimach City, Teh. And Dist. Nimach (M.P.).

(At Present Lodged In Sub Jail, Bali).

                                                                   ----Petitioner
                                     Versus
Union Of India, through NCB
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Lokesh Mathur.
For Respondent(s)         :     Mr. M.R. Pareek, Spl. P.P.



             HON'BLE MR. JUSTICE KULDEEP MATHUR


                                     Order

17/04/2023

This application for bail under Section 439 Cr.P.C. has been filed

by the petitioner who has been arrested in connection with F.I.R.

No.viii(io)02/NCB/JZU/2021 dated 04.02.2021, registered at Police

Station NCB, District Jodhpur, for offences under Sections 8/18, 25 &

29 NDPS Act.

Learned counsel for the petitioner submitted that contraband

was not recovered from the possession of the present petitioner.

Learned counsel further submitted that the petitioner has been

implicated in the present case solely on the basis of his confessional

statement under Section 67 of the NDPS Act without there being any

direct / corroboratory evidence. Learned counsel further submitted

that the co-accused persons namely Udai Singh, Rajpal Singh, Nepal

Singh, Sajid, Kamlesh Kumar Nagda & Manohar Singh have already

been enlarged on by a Co-ordinate Bench of this Court vide order

dated 02.02.2022 (in CRLMB No.1447/2022) & common order dated

15.02.2022 (in CRLMB Nos.2141/2022, 10111/2021, 12688/2021,

[2023/RJJD/010161] (2 of 2) [CRLMB-2789/2022]

15155/2021 & 15157/2021) respectively; and the case of present

petitioner is not distinguishable from that of the co-accused persons.

The petitioner is in judicial custody and the trial of the case will take

sufficiently long time, therefore, the benefit of bail should be granted

to the accused-petitioner. Reliance was placed on the judgment of

the Hon'ble Supreme Court in the case of Tofan Singh Vs. State of

Tamil Nadu reported in (2021) 4 SCC 1.

Learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and

circumstances of the case, so also the fact that similarly situated co-

accused have already been enlarged on bail by a Co-ordinate Bench

of this Court, without expressing any opinion on merits/demerits of

the case, this Court is of the opinion that the bail application filed by

the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is

allowed. It is ordered that the accused-petitioner Premsingh S/o

Chatar Singh arrested in connection with F.I.R.

No.viii(io)02/NCB/JZU/2021 dated 04.02.2021, registered at Police

Station NCB, District Jodhpur, shall be released on bail, if not wanted

in any other case, provided he furnishes a personal bond of

Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the

satisfaction of learned trial court, for his appearance before that

court on each & every date of hearing and whenever called upon to

do so till completion of the trial.

(KULDEEP MATHUR),J 15-Prashant/-

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