Rajasthan High Court
Lal Chand S/O Champalal vs State Of Rajasthan ... on 18 October, 2023
Bench: Anil Kumar Upman
[2023:RJ-JP:30246]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 10584/2023
Lal Chand S/o Champalal, Aged About 65 Years, R/o Modi Thana,
Bakani, District Jhalawad, Rajasthan.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 11535/2023
Anar Singh S/o Shivlal, Aged About 47 Years, R/o Makan No. 52,
Ramdevji Ka Mohalla Modi Mori Jhalawar.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Chhavi Chaturvedi
Mr. Rohit Khandelwal
For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
18/10/2023
1. These two pre-arrest bail applications have been filed under
Section 438 Cr.P.C. on behalf of the petitioners, who are having
apprehension of their arrest in connection with FIR No.126/2023
registered at Police Station Mandana, District Kota Rural for the
offences under Sections 8 & 15 NDPS Act and Sections 420 & 465
of IPC.
2. Learned counsel for the petitioners submits that accused-
petitioners have falsely been implicated in this case. They further
[2023:RJ-JP:30246] (2 of 3) [CRLMB-10584/2023]
submits that petitioners have been made accused in this case
solely on the basis of interrogation of co-accused persons, who
were found in possession of the contraband. He also submits that
interrogation of the co-accused cannot be used against the
petitioners as the same is inadmissible in evidence in view of
provisions of Section 25 of the Evidence Act. There are no
criminal antecedents of the petitioners of similar nature. 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 Public Prosecutor opposes the bail applications and
submits that it has been revealed in the investigation that
petitioners provided contraband to the co-accused persons, who
were found in possession of the contraband.
4. Considering the contentions put-forth by the counsel for the
petitioners and taking into account the totality of facts and
circumstances of the case, especially the fact that petitioners are
not named in the FIR and they have been made accused in this
case solely on the basis of interrogation of co-accused persons,
who were found in possession of the contraband, there are no
criminal antecedents of the petitioners of similar nature 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, these anticipatory bail applications are allowed.
The S.H.O/I.O/Arresting Officer, Police Station Mandana, District
[2023:RJ-JP:30246] (3 of 3) [CRLMB-10584/2023]
Kota Rural in FIR No.126/2023 is directed that in the event of
arrest of the petitioners - (1) Lal Chand S/o Champalal
(2) Anar Singh S/o Shivlal, they shall be released on bail,
provided each of them 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 petitioners shall make themselves
available for interrogation by a police officer as and
when required;
(ii) that the petitioners 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 petitioners shall not leave India
without previous permission of the court.
(iv) it is also directed that the petitioners shall not
involve in similar offence(s) during pendency of bail
granted by this Court.
6. If breach of any of these conditions 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 petitioners by this Court.
(ANIL KUMAR UPMAN),J
257-258-Nirmala
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