Rajasthan High Court - Jodhpur
Chandu @ Ram Chandra vs State Of Rajasthan (2025:Rj-Jd:13924) on 12 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:13924]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2965/2025
Chandu @ Ram Chandra S/o Choutha Ram Solanki, Aged About
37 Years, R/o 347, Bader Ka Bas, Mandla, Dist. Pali (Lodged In
Dist. Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ram Niwas
For Respondent(s) : Mr. Shrawan Singh Rathore, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
12/03/2025
This application for bail under Section 483 BNSS has been
filed by the petitioner who has been arrested in connection with
F.I.R. No.53/2021 registered at Police Station Begun, Dist.
Chittorgarh, for the offences punishable under Sections 8/15 of NDPS
Act.
Drawing attention of the Court towards the FIR and the challan
papers, learned counsel for the petitioner submitted that the
petitioner has been made an accused on the basis of statements
made under Section 27 of Indian Evidence Act of co-accused Sunil
Kumar which is inadmissible in view of the judgment passed by the
Hon'ble Supreme Court in the case of "Toofan Singh Vs. State of
Tamil Nadu (Criminal Appeal No.152/2013)" decided on
29.10.2020.
Learned counsel for the petitioner further submitted that the
co-accused persons namely Sunil Kumar (S.B. Criminal Miscellaneous
[2025:RJ-JD:13924] (2 of 3) [CRLMB-2965/2025]
Bail Application No.3068/2022), Rakesh (S.B. Criminal Miscellaneous
3rd Bail Application No.3987/2022) and Ramniwas (S.B. Criminal
Miscellaneous Bail Application No.9440/2021) have already been
enlarged on bail by the co-ordinate Benches of this Court vide orders
dated 09.03.2022, 29.03.2022 and 26.07.2021 respectively; the
petitioner is in judicial custody; challan against him has already been
filed and the trial of the case will take sufficiently long time,
therefore, the benefit of bail may be granted to the accused-
petitioner.
Per contra, learned Public Prosecutor has vehemently opposed
the bail application. But, he is unable to distinguish the case of the
petitioner vis-a-vis the co-accused persons who have already been
enlarged on bail by the co-ordinate Benches of this Court. However,
he was not in a position to refute the fact that the petitioner has
been implicated in the present case solely on the basis of disclosure
statements of co-accused Sunil Kumar who has already been
enlarged on bail.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
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 bail application under Section 483 BNSS are
allowed. It is ordered that the accused-petitioner Chandu @ Ram
Chandra S/o Choutha Ram Solanki arrested in connection with
F.I.R. No.53/2021 registered at Police Station Begun, Dist.
Chittorgarh, shall be released on bail, if not wanted in any other
[2025:RJ-JD:13924] (3 of 3) [CRLMB-2965/2025]
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 their appearance before that court on each & every date of
hearing and whenever called upon to do so till completion of the trial.
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
321-divya/-
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