Bhola Prasad vs State Of Rajasthan ...
2023 Latest Caselaw 7253 Raj

[2023:RJ-JD:29786]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 10143/2023

Bhola Prasad S/o Anant Suhay, Aged About 45 Years, R/o Bhrajmpur, Distrit Buxar (Bihar) (At Present Lodged In Sub Jail Deedwana)

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

----Respondent

For Petitioner(s) : Mr. R.K.Charan.

For Respondent(s) : Mr. Arun Kumar, P.P.

HON'BLE MR. JUSTICE ARUN BHANSALI Order

14/09/2023

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.

[2023:RJ-JD:29786] (2 of 4) [CRLMB-10143/2023]

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.

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.

[2023:RJ-JD:29786] (3 of 4) [CRLMB-10143/2023]

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 co-

accused, 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

[2023:RJ-JD:29786] (4 of 4) [CRLMB-10143/2023]

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.

(ARUN BHANSALI),J 162-baweja/-

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