Ganesh Lal @ Bunty vs State
2023 Latest Caselaw 715 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3690/2022

Ganesh Lal @ Bunty S/o Ram Lal Gadari, aged about 36 Years, R/o Laxmipura Negdiya, P.S. Mangalwar, District Chittorgarh. (At Present Lodged In Sub Jail, Nimbahera, District Chittorgarh).

----Petitioner Versus State of Rajasthan

----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14702/2021 Gehrilal S/o Pyara Gadri, aged about 33 Years, Dhundhiya, Thana Vallabhnagar, District Udaipur at present District Jail Chittorgarh

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Deepak Menaria Om Prakash Godara Mr. M.L. Vishnoi For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/01/2023

These applications for bail under Section 439 Cr.P.C. has

been filed by the petitioners who have been arrested in connection

with FIR No.141/2019, registered at Police Station Mangalwar,

District Chittorgarh for offences punishable under Section 8/15

NDPS Act.

(2 of 3) [CRLMB-3690/2022]

Heard learned counsel for the petitioners so also the learned

Public Prosecutor and perused the material available on record.

Learned counsel for the petitioners submitted that petitioners

have been implicated in this case on the basis of the statement of

co-accused persons. It is further submitted that Hon'ble the

Supreme Court in the case of Tofan Singh Vs. State of Tamil

Nadu, reported in (2021) 4 SCC 1 has specifically held in clear

terms that a confessional statement recorded under Section 67 of

NDPS Act will remain inadmissible in the trial of an offence under

the NDPS Act. It is also submitted that the same view has been

reiterated by the Hon'ble Supreme Court in the case of State By

(NCB) Bengaluru Vs. Pallulabid Ahmad Arimutta & Anr.

[Special Leave to Appeal (CRL.) No.242 of 2022] vide order

dated 10.01.2022. Reliance was placed order passed by

Coordinate Bench of this Court dated 20.01.2022 in S.B. Criminal

Misc. Bail Application No.15649/2021.

Learned counsel for the petitioners further submitted that in

view of the above referred judgments of Hon'ble the Supreme

Court it is clear that petitioners cannot be declared hostile on the

basis of statement of co-accused. Since, no other evidence is

available to connect them with commission of alleged offence.

The trial initiated against petitioner is likely to take time,

therefore, petitioners may be enlarged on bail in view of the afore-

quoted precedent law.

On the contrary, learned Public Prosecutor has opposed the

bail applications of the accused-petitioners.

Having considered the rival submissions, facts and

circumstances of the case, without expressing any opinion on

(3 of 3) [CRLMB-3690/2022]

merits/demerits of the case, this Court is of the opinion that the

bail applications filed by the petitioners deserve to be accepted.

Consequently, the bail applications are allowed. It is ordered

that the accused-petitioners Ganesh Lal @ Bunty S/o Ram Lal

Gadari and Gehrilal S/o Pyara Gadri arrested in connection

with FIR No.141/2019, registered at Police Station Mangalwar,

District Chittorgarh shall be enlarged on bail, if not wanted in any

other case, provided each of them furnishes a personal bond of

Rs.50,000/- (Rupees Fifty Thousand) and two sureties of

Rs.25,000/- (Rupees Twenty Five Thousand) each to the

satisfaction of learned trial court, for their 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 8-9 Ravi Kh/-

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