Rajasthan High Court - Jodhpur

Tulsiram @ Tulchhinath @ Tulchhiram vs State Of Rajasthan (2023:Rj-Jd:40071) on 22 November, 2023

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:40071]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Miscellaneous 4th                Bail Application No. 12303/2023

Tulsiram @ Tulchhinath @ Tulchhiram S/o Laduram, Aged About
48 Years, R/o Aas Ki Dhani Aaspura Ps Jaswantgarh Dist. Nagaur
At Present Lodged In Sub Jail Didwana
                                                                           ----Petitioner
                                          Versus
State Of Rajasthan, Through Pp
                                                                         ----Respondent


For Petitioner(s)               :     Mr. M.L. Bishnoi.
For Respondent(s)               :     Mr. S.K. Bhati, PP.



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

22/11/2023

1. Heard counsel for the parties and perused the material

available on record.

2. The petitioner has been arrested in connection with FIR

No.26/2021, Police Station Deedwana for the offences punishable

under Sections 8/20, 8/25 and 8/29 of the NDPS Act. He has

preferred this fourth bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner submits that the main

accused was the truck driver-Chandan, who was arrested

alongwith the contraband in question whereas the present

petitioner-Tulsiram @ Tulchhinath @ Tulchhiram and Bhola Prasad

were arrayed in as co-accused solely on the statement of the main

accused-Chandan under Section 8/29 of the NDPS Act. The case of

the present petitioner and the co-accused Bhola Prasad, who have

already enlarged on bail is on the same pedestal.

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4. Learned counsel for the petitioner submits that similarly

situated co-accused person i.e. Bhola Prasad has already been

enlarged on bail by this Court in S.B. Criminal Misc. Bail

Application No.10143/2023 vide order dated 14.09.2023. He

further submits that the petitioner had purchased the contraband

in question from the co-accused Bhola Prasad. The order dated

14.09.2023 reads as follows:-

"1. The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No. 26/2021, Police Station Deedwana, for the offences under Sections 8/20, 8/25 and 8/29 of the NDPS Act.

2. It is submitted by learned counsel for the applicant that the second bail application was dismissed as not pressed with liberty to approach the Court after the statement of Investigating Officer are recorded.

3. Submissions have been made that the statement of Investigating Officer have been recorded. It is emphasized that the entire case against the applicant is based on the statement of co-accused, Chandan, the Driver of the truck, wherein, the contraband was recovered, who indicated that he had purchased the said goods from the applicant.

4. It is submitted that except for the statement of co- accused, which is inadmissible in evidence, nothing has been brought on the record by the Investigating Officer to support the implication of the applicant.

5. It was emphasized that reliance has been placed on the Call Detail Records, however, no material has been produced to indicate that any of the SIMs was issued in the name of the applicant and despite investigation from those in whose name the SIMs were issued, no connection has been proved of the applicant with the said SIMs.

6. Submissions have been made that there is no material worth the name so as to connect the applicant with the offence.

7. It is submitted that the applicant is in custody since Februrary 2021, the trial is likely to take sufficiently long time and, therefore, in view of the judgment in Mohd. Muslim @ Hussain vs. State (NCT of Delhi) : Special Leave Petition (Crl.)No. 915/2023 decided on 28/3/2023, the applicant be enlarged on bail.

8. Learned Public Prosecutor opposed the bail application.

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9. Submissions were made that in the CDR produced, the applicant and the co-accused, Chandan, the driver of the truck, wherein, the contraband was recovered, have been regularly talking to each other and, therefore, the implication of the applicant is apparent.

10. Further submissions have been made that there is another case pending against the applicant and, therefore, he be not enlarged on bail.

11. I have considered the submissions made by learned counsel for the parties and have perused the material available on record including the statement of Investigating Officer.

12. The charge sheet clearly indicates that the driver of the vehicle, Chandan, who was apprehended along with the contraband, indicated that he had purchased the goods from the applicant. Besides the said evidence, which is that of the coaccused, apparently, there is no material available connecting the applicant with the offence.

13. The call records produced also by itself do not prove the implication of the applicant insofar as the offence alleged is concerned.

14. Besides the above, the applicant is in custody since February, 2021. The trial of the case is likely to take sufficiently long time as out of 39 witnesses, only 07 witnesses have been examined so far and in those circumstances following the dictum of Hon'ble Supreme Court in the case of Mohd. Muslim @ Hussain (supra), the applicant deserves to be enlarged on bail.

15. In the circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

16. Consequently, the bail application is allowed. It is ordered that the accused-applicant - Bhola Prasad s/o. Anant Suhay arrested in connection with FIR No. 26/2021, Police Station Deedwana, shall be released on bail; provided he furnishes a personal bond of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties of Rs.1,00,000/- (Rupees One Lakh Only) each, one of which must be of a resident of Rajasthan, to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. "

5. Learned counsel for the petitioner thus, submits that the case

of present accused-petitioner is not distinguishable from the case

of the co-accused Bhola Prasad, who has already been enlarged

on bail, thus, his bail application deserves to be granted.

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6. Learned Public Prosecutor though opposes the bail

application, but is unable to refute the aforesaid factual matrix.

7. Looking into the fact that the main accused is truck dirver-

Chandan whereas both the co-accused who were arrayed on the

statement of the main accused Chandan which are present

petitioner-Tulsiram @ Tulchhinath @ Tulchhiram and Bhola Prasad

out of which the co-accused Bhola Ram has already been enlarged