Rajasthan High Court - Jodhpur
Ramswaroop Bishnoi vs Union Of India (2023:Rj-Jd:42172) on 5 December, 2023
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2023:RJ-JD:42172]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7525/2023
Ramswaroop Bishnoi S/o Aasu Ram Bishnoi, Aged About 28
Years, R/o Thambudiyo Ki Dhani, Nimbali Patelan, Post And
Tehsil Rohat Police Station Rohat Distt. Pali( At Present Lodged
In Distt. Jail ,pali)
----Petitioner
Versus
Union Of India, Through Ncb
----Respondent
For Petitioner(s) : Mr. Vinod Kumar Sharma
Mr. Dilip Kumar Sharma
For Respondent(s) : Mr. M.R. Pareek, Special PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
05/12/2023
The instant bail application has been filed under Section 439
Cr.P.C. on behalf of accused-petitioner. The petitioner has been
arrested in connection with FIR No.VIII(VI)06/NCB/ASZ/2021
registered at Police Station NCB, Ajmer, District Ajmer for the
offence(s) under Sections 8/15, 18, 25, 28 read with Section 29 of
N.D.P.S. Act.
Learned counsel for the petitioner submits that the petitioner
has been implicated solely on the statement given by the co-
accused under Section 67 of N.D.P.S. Act, from whom, the
contraband articles containing commercial quantity of Poppy Straw
weighing 123 Kgs. 760 Gms, 9 Kgs. and 830 Gms Opium was
recovered. He further submits that accused-petitioner was
arrested after one year four months of the incident and the call
[2023:RJ-JD:42172] (2 of 3) [CRLMB-7525/2023]
details, collected by the Investigating Officer, disclose that the
mobile bearing No.8306249099 belongs to Khetaram S/o Birbal
Bishnoi. The mobile was not recovered from the possession of the
accused-petitioner, the so-called statement given by the co-
accused under Section 67 of N.D.P.S. Act is not admissible, more
so, the trial of the case may take considerable time, therefore, the
benefit of grant of bail may be granted to the accused-petitioner.
Per contra, learned special Public Prosecutor appearing on
behalf of NCB vehemently opposes the bail application and
submits that the main accused Pappuram and Anil Bishnoi in their
statement rendered under Section 67 of N.D.P.S. Act have named
that they were regularly supplying contraband articles to the
present petitioner and were going to deliver the same to the
present petitioner; the accused-petitioner was using the mobile
bearing No.8306249099 and was in regular contact with the other
main accused Pappuram and Anil Bishnoi. The call details so far
collected indicate that Pappuram and Anil Bishnoi were in regular
contact with the present petitioner. The present petitioner in his
statement rendered under Section 67 of N.D.P.S. Act has disclosed
that he was using the mobile bearing No.8306249099 and was in
continuous contact with the co-accused. He also submits that
accused-petitioner is involved in another case of similar nature,
therefore, the bail application of the accused-petitioner may be
dismissed.
In support of his submissions learned counsel for the NCB
relied upon judgment of Union of India (NCB) Etc. Vs. Khalil
Uddin Etc. passed in Special Leave to Appeal (Crl.)
No(s).5505-5506/2022 and Union of India Vs. Ajay Kumar
[2023:RJ-JD:42172] (3 of 3) [CRLMB-7525/2023]
Singh @ Pappu passed in Criminal Appeal No.__ of 2023
(Arising out of SLP (Crl.) No.2351 of 2023.
I have considered the arguments advanced by the counsel
for the parties. The accused-petitioner was arrested after one year
four months from the date of recovery and recovery of the
contraband article was effected from the main accused Pappuram
and Anil Bishnoi and apart from the disclosure statement of Anil
Bishnoi there is no other direct evidence indicating the
involvement of the present petitioner. The call details collected by
the department indicate that the mobile was in the name of some
Khetaram and the said mobile was not recovered, therefore in
light of the above facts and that the trial of the case may take
considerable time, I deem it just and proper to enlarge the
accused-petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused-petitioner
Ramswaroop Bishnoi S/o Aasu Ram Bishnoi arrested in
connection with FIR No.VIII(VI)06/NCB/ASZ/2021 registered at
Police Station NCB, Ajmer, District Ajmer shall be enlarged on bail
provided he furnishes a personal bond in the sum of Rs.1,00,000/-
with two sureties of Rs.50,000/- 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.
(PRAVEER BHATNAGAR),J
15-Suraj/-
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