Rajasthan High Court
Shankar Bairwa S/O Mohanlal Bairwa vs State Of Rajasthan (2024:Rj-Jp:5076) on 31 January, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:5076]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1117/2024
Shankar Bairwa S/o Mohanlal Bairwa, Aged About 30 Years, R/o
Beejarwara, Police Station Arain, District Ajmer (Raj.) (At
Present In District Jail, Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Akshit Gupta
For Respondent(s) : Mr. Mangal Singh Saini, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
31/01/2024
1. The instant bail application has been filed under Section 439
of Cr.P.C. on behalf of the petitioner, who has been arrested in
connection with FIR No.227/2023 registered at Police Station Kekri
City, District Ajmer for the offence under Section 8/15 of NDPS
Act. Later on, the police filed the charge-sheet in this matter for
the offences under Sections 8, 15, 29 & 25 of NDPS Act.
2. It is contended by learned counsel for the petitioner that the
accused-petitioner has falsely been implicated in this case. He
submits that petitioner has been made accused in this case solely
on the basis of interrogation of co-accused - Ganesh @ Pintu, who
was found in possession of the contraband. No recovery has been
affected from the possession of the petitioner. He further submits
that interrogation of the co-accused cannot be used against the
petitioner as the same is inadmissible in evidence in view of
[2024:RJ-JP:5076] (2 of 3) [CRLMB-1117/2024]
provisions of Section 25 of the Evidence Act. Other co-accused
persons namely - Rahul @ Mangalchand Malakar, Sagarmal
Dhakad & Manoj Kumawat have already been granted bail by this
Court. There are no criminal antecedents of the petitioner of the
similar nature. The petitioner is in custody since 03.08.2023 and
charge-sheet has been filed in the matter and trial of the case will
take considerable time. He also contends that further custody of
the petitioner would not serve any fruitful purpose. 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 application and
submits that 57 kgs of poppy husk has been recovered in this
case, which is commercial quantity, thus, keeping in view Section
37 of the NDPS Act, bail should not be granted to the petitioner.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances
of the case; considering the arguments advanced by learned
counsel for the petitioner, especially the fact that no recovery has
been affected from the possession of the petitioner and he has
been made accused in this case solely on the basis of
interrogation of co-accused - Ganesh @ Pintu, other co-accused
persons namely - Rahul @ Mangalchand Malakar, Sagarmal
Dhakad & Manoj Kumawat have already been granted bail by this
Court, there are no criminal antecedents of the petitioner of
similar nature, charge-sheet has been filed in the matter and
looking to the custody period of the petitioner; and so also
[2024:RJ-JP:5076] (3 of 3) [CRLMB-1117/2024]
keeping in view the law laid down by the Hon'ble Supreme Court
in the case of Tofan Singh (supra), but without commenting
anything on the merits/demerits of the case, I deem it proper to
allow the bail application.
6. This bail application is accordingly allowed and it is directed
that accused-petitioner - Shankar Bairwa S/o Mohanlal
Bairwa shall be released on bail provided he furnishes a personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)
together with two sureties in the sum of Rs.25,000/- (Rupees
Twenty Five Thousand Only) each to the satisfaction of the learned
Trial Court with the stipulation that he shall appear before that
Court and any court to which the matter is transferred, on all
subsequent dates of hearing and as and when called upon to do
so.
7. However, it is made clear that the petitioner shall not involve
in similar offence(s) during currency of bail granted by this Court.
The petitioner is further directed to mark his presence in the
concerned police station on first Monday of every month, till trial is
concluded. 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
44-Nirmala
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