Narayan Ram vs State Of Rajasthan (2024:Rj-Jd:9184)
2024 Latest Caselaw 1770 Raj

Rajasthan High Court - Jodhpur

Narayan Ram vs State Of Rajasthan (2024:Rj-Jd:9184) on 22 February, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2024:RJ-JD:9184]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 2236/2024

Narayan Ram S/o Sh. Kesha Ram, Aged About 32 Years, R/o
Ghadoi Nadi Janiyana P.s. Pachpadara Dist. Balotra. (Presently
Lodged In Dist. Jail Pali).
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. Vijay Raj Bishnoi.
For Respondent(s)        :     Mr. Arun Kumar, PP.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

22/02/2024 This 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.138/2013 registered at Police Station Siriyari, District

Pali, 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 for the petitioner submitted that the

petitioner has been implicated in the present case solely on the

basis of disclosure statements of co-accused Sunil. Learned

counsel submitted that apart from disclosure statements of co-

accused Sunil recorded under Section 27 of the Indian Evidence

Act, there is no other evidence available on record indicating

involvement of the petitioner in the commission of the alleged

[2024:RJ-JD:9184] (2 of 3) [CRLMB-2236/2024]

crime. Learned counsel submitted that the petitioner does not

have any criminal antecedents.

Lastly, learned counsel submitted that the petitioner is in

custody since 12.02.2024 and the trial of the case is likely to

consume sufficiently long time. On these grounds, he implored the

Court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail

application.

Having considered the rival submissions, facts and

circumstances of the case, this Court prima facie finds that the

petitioner has been implicated in this case solely on the basis of

disclosure statements of co-accused Sunil recorded under Section

27 of the Indian Evidence Act. This Court also prima facie finds

that co-accused Sunil, after facing regular trial, has already been

been acquitted of the charges under Sections 8/15 and 25 of the

NDPS Act by the competent criminal court, vide its judgment

dated 26.02.2019.

This Court also prima facie finds that the petitioner does not

have any criminal antecedents. In the prima facie opinion of this

Court, the twin conditions mentioned under Section 37 of the

NDPS Act are duly satisfied in the present case.

Thus, without expressing any opinion on merits/demerits of

the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C.

is allowed. It is ordered that the accused-petitioner Narayan Ram

S/o Sh. Kesha Ram arrested in connection with F.I.R.

No.138/2013 registered at Police Station Siriyari, District Pali,

[2024:RJ-JD:9184] (3 of 3) [CRLMB-2236/2024]

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 634-Tikam/-

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