Rajasthan High Court
Gordhan Singh S/O Man Singh vs State Of Rajasthan (2024:Rj-Jp:6393) on 7 February, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:6393]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 685/2024
Gordhan Singh S/o Man Singh, Aged About 26 Years, R/o
Thothar, Police Station Badod, District Agar (M.p.)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. P.S. Rajawat
For Respondent(s) : Mr. Sanjeev Mahala, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
07/02/2024
1. The instant pre-arrest bail application has been filed under
Section 438 Cr.P.C. on behalf of the petitioner, who is having
apprehension of his arrest in connection with FIR No.293/2023
registered at Police Station Gangdhar, District Jhalawar for the
offence under Section 8/15 of NDPS Act.
2. Learned counsel for the petitioner submits that
accused-petitioner has falsely been implicated in this case. He
submits that petitioner has been roped in this case solely on the
basis of the interrogation of co-accused, who was found in
possession of 7.300 kg of poppy husk (doda chura) and he has
been granted bail by this Court. He further submits that no other
case of similar nature has been registered against the petitioner.
He also 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. Learned
[2024:RJ-JP:6393] (2 of 3) [CRLMB-685/2024]
counsel has relied upon the judgment rendered by Hon'ble
Supreme Court in the case of T
Nadu reported in AIR 2020 SC 5592.
3. Learned Public Prosecutor has vehemently opposed the bail
application.
4. Considering the contentions put-forth by the counsel for the
petitioner and taking into account the totality of facts and
circumstances of the case, especially the facts that petitioner has
been made accused in this case solely on the basis of
interrogation of the co-accused - Satyanarayan, who was found in
possession of contraband and he has already been granted regular
bail by this Court, no other case of similar nature has been
registered against the petitioner and so also keeping in view the
law laid down by the Hon'ble Supreme Court in the case of
T
o
fa
n
Sing
h
(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, the anticipatory bail application is allowed. The
S.H.O/I.O/Arresting Officer, Police Station Gangdhar, District
Jhalawar in FIR No.293/2023 is directed that in the event of arrest
of the petitioner - Gordhan Singh S/o Man Singh, he shall be
[2024:RJ-JP:6393] (3 of 3) [CRLMB-685/2024]
released on bail, provided he 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 petitioner shall make himself
available for interrogation by a police officer as and
when required;
(ii) that the petitioner 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 petitioner shall not leave India
without previous permission of the court.
(iv) it is also directed that the petitioner shall not
involve in similar offence(s) during pendency of bail
granted by this Court.
(v) The petitioner is further directed to mark his
presence in the concerned police station on first
Monday of every month, till trial is concluded.
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 petitioner by this Court.
(ANIL KUMAR UPMAN),J
59-Nirmala
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