Kesharam vs State Of Rajasthan ...
2023 Latest Caselaw 8670 Raj

[2023:RJ-JD:35817]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 12207/2023

Kesharam S/o Chetan Ram, Aged About 44 Years, R/o Goliya Jetmal Ps Gudamalani Dist. Barmer At Present Lodged In Dist. Jail Pratapgarh

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. R.J. Punia.

For Respondent(s) : Mr. Vikram Sharma, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/10/2023 This second application for bail under Section 439 Cr.P.C. has

been filed by the petitioner who has been arrested in connection

with F.I.R. No.76/2019 registered at Police Station Dhamotar,

District Pratapgarh, for offence under Section 8/15 of the NDPS

Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel submitted that contraband greater than

commercial quantity was recovered from the vehicle of co-accused

Virma Ram. The petitioner has been implicated in this case solely

on the basis of disclosure statement of co-accused Virma Ram and

Vishna Ram. Learned counsel submitted that apart from disclosure

statement of co-accused persons, there is no direct/corroboratory

evidence available on record indicating involvement of the present

[2023:RJ-JD:35817] (2 of 3) [CRLMB-12207/2023]

petitioner in the commission of alleged crime. Learned counsel

submitted that the contraband was not recovered from conscious

possession of the present petitioner. Learned counsel submitted

that co-accused Vishna Ram has already been enlarged on bail by

this Court vide order dated 10.10.2023 whereas another co-

accused Virma Ram had been acquitted of the offence under the

NDPS Act by the competent court vide judgment dated

02.09.2023.

Lastly, learned counsel submitted that since co-accused

Vishna Ram has been enlarged on bail and co-accused Virma Ram

has been acquitted by the competent criminal court, no fruitful

purpose would be served by keeping the petitioner behind the

bars for an indefinite period.

On these grounds, he implored the Court to enlarge the

petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail

application. However, he was not in position to refute the fact that

co-accused Vishna Ram has been enlarged on bail and co-accused

Virma Ram has been acquitted by the competent criminal court.

Having considered the rival submissions, facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is inclined to enlarge the

petitioner on bail.

Consequently, the second bail application under Section 439

Cr.P.C. is allowed. It is ordered that the accused-petitioner

Kesharam S/o Chetan Ram arrested in connection with F.I.R.

No.76/2019 registered at Police Station Dhamotar, District

[2023:RJ-JD:35817] (3 of 3) [CRLMB-12207/2023]

Pratapgarh, shall be released on bail, if not wanted in any other

case, provided he furnishes a personal bond of Rs.1,00,000/- and

two sureties of Rs.50,000/- each, to the satisfaction of learned

trial court, for his 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 43-Tikam/-

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