Rajasthan High Court
Rahul S/O Prakash vs The State Of Rajasthan ... on 11 October, 2023
Bench: Anil Kumar Upman
[2023:RJ-JP:28554]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 11351/2023
Rahul S/o Prakash, Aged About 22 Years, R/o Village Udai Khurd,
Police Station Piloda, District Sawai Madhopur (Raj.) (At Present
Confined In The Sub Jail, Gangapur City)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajveer Singh Gurjar
For Respondent(s) : Mr. Ghan Shyam Singh Rathore,
GA-cum-AAG assisted by
Mr. Sher Singh, PP
Mr. Tayyab Ali
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
11/10/2023
1. The instant bail application has been filed under Section 439
of Cr.P.C. on behalf of the petitioner, who has been arrested in
connection with FIR No.88/2023 registered at Police Station
Batoda, District Sawai Madhopur for the offence under Section
8/20 of NDPS Act. During the course of investigation, offence
under Section 8/29 of NDPS Act has also been added.
2. It is contended by learned counsel for the petitioner that the
accused-petitioner has falsely been implicated in this case. He
submits that according to the prosecution case, co-accused
Rajendra Kumar was intercepted with 353 kg ganja, which was
being carried by him in a container. He further submits that arrest
of the petitioner has been made on the basis of interrogation of
co-accused- Rajendra Kumar, wherein he has stated that
[2023:RJ-JP:28554] (2 of 3) [CRLMB-11351/2023]
recovered contraband was loaded by the petitioner. He submits
that interrogation of the co-accused cannot be used against the
petitioner as the same is inadmissible in evidence in view of
provisions of Section 25 of the Evidence Act. Other co-accused
persons namely- Rameshi @ Sugli & Rajesh have already been
released on bail. There are no previous criminal antecedents of
the petitioner. The petitioner is in custody since 20.05.2023 and
trial of the case will take considerable time. He also contends that
further custody of the petitioner would not serve any fruitful
purpose. 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.
3. Learned GA-cum-AAG assisted by learned Public Prosecutor
opposes the bail application.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances
of the case; considering the arguments advanced by learned
counsel for the petitioner, especially the facts that no recovery has
been affected from the possession of the petitioner, he has been
made accused in this case solely on the basis of interrogation of
co-accused- Rajesh Kumar, who was found in possession of
contraband, there are no previous criminal antecedents of the
petitioner, other co-accused persons namely- Rameshi @ Sugli &
Rajesh have already been released on bail, looking to the custody
period of the petitioner and so also keeping in view the law laid
down by the Hon'ble Supreme Court in the case of Tofan Singh
[2023:RJ-JP:28554] (3 of 3) [CRLMB-11351/2023]
(supra), but without commenting anything on the merits/demerits
of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed
that accused-petitioner - Rahul S/o Prakash shall be released on
bail provided he furnishes a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) together with two
sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand
Only) each to the satisfaction of the learned Trial Court with the
stipulation that he shall appear before that Court and any court to
which the matter is transferred, on all subsequent dates of hearing
and as and when called upon to do so.
7. However, it is made clear that the petitioner shall not involve
in similar offence(s) during pendency of bail granted by this Court.
If breach of this condition is reported or come to the notice of the
Court, the same shall alone be a reason for the trial court to
cancel the bail granted to petitioner by this Court.
(ANIL KUMAR UPMAN),J
113-Nirmala
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