Rajasthan High Court
Priyanka W/O Buddha Meena vs State Of Rajasthan ... on 3 November, 2023
Bench: Anil Kumar Upman
[2023:RJ-JP:32902]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 14081/2023
Priyanka W/o Buddha Meena, R/o Failikakapura, Hindaun, Police
Station Sadar Hindaun District Karauli Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Jiya Ur Rahman
For Respondent(s) : Mr. Sanjeev Mahala, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
03/11/2023
1. The instant pre-arrest bail application has been filed under
Section 438 Cr.P.C. on behalf of the petitioner, who is having
apprehension of her arrest in connection with FIR No.101/2023
registered at Police Station Sadar Hindaun, District Karauli for the
offence under Section 8/21 of NDPS Act. During the course of
investigation, offence under Section 8/29 of NDPS Act has also
been added.
2. Learned counsel for the petitioner submits that accused-
petitioner has falsely been implicated in this case. He further
submits that petitioner, who is lady, has been made accused in
this case solely on the basis of interrogation of co-accused -
Dhankesh @ Gordhan, who was found in possession of 6g smack
and he has been granted bail by the co-ordinate Bench of this
Court. No recovery has been affected from the possession of the
petitioner. He also submits that interrogation of the co-accused
[2023:RJ-JP:32902] (2 of 3) [CRLMB-14081/2023]
cannot be used against the petitioner as the same is inadmissible
in evidence in view of provisions of Section 25 of the Evidence Act.
Learned counsel has relied upon the judgment rendered by
Hon'ble Supreme Court in the case of Tofan Singh Vs. State of
Tamil Nadu reported in AIR 2020 SC 5592. No other case of
similar nature has been registered against the petitioner. He also
submits that custodial interrogation of the petitioner is not
required in the matter.
3. Learned Public Prosecutor opposes the bail application and
submits that recovered contraband was provided by the petitioner
to the co-accused.
4. Considering the contentions put-forth by the counsel for the
petitioner and taking into account the totality of facts and
circumstances of the case, especially the fact that co-accused -
Dhankesh @ Gordhan, who was found in possession of
contraband, has already been granted bail by the co-ordinate
Bench of this Court, no recovery has been affected from the
possession of the petitioner, no other case of similar nature has
been registered against the petitioner and so also keeping in view
the law laid down by the Hon'ble Supreme Court in the case of
Tofan Singh (supra), but without expressing any opinion on the
merits/demerits of the case, this court deems it just and proper to
allow the anticipatory bail application.
5. Accordingly, the anticipatory bail application is allowed. The
S.H.O/I.O/Arresting Officer, Police Station Sadar Hindaun, District
Karauli in FIR No.101/2023 is directed that in the event of arrest
of the petitioner - Priyanka W/o Buddha Meena, she shall be
[2023:RJ-JP:32902] (3 of 3) [CRLMB-14081/2023]
released on bail, provided she furnishes a personal bond in the
sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/-
each to the satisfaction of the S.H.O/I.O/Arresting Officer of the
concerned Police Station on the following conditions:-
(i) that the petitioner shall make herself available
for interrogation by a police officer as and when
required;
(ii) that the petitioner shall not directly or
indirectly make any inducement, threat or promise
to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to
the court or any police officer, and
(iii) that the petitioner shall not leave India
without previous permission of the court.
(ANIL KUMAR UPMAN),J
213-Nirmala
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