Rajasthan High Court - Jodhpur
Gouri Lal @ Gauri Shankar vs State Of Rajasthan (2025:Rj-Jd:25176) on 20 May, 2025
[2025:RJ-JD:25176]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 798/2025
Gouri Lal @ Gauri Shankar S/o Unkar Lal @ Onkar Jat, Aged
About 24 Years, R/o Oardi, P.S. Shambhupura, District
Chittorgarh.
(At Present Lodged In District Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Public Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Kailash Khilery
For Respondent(s) : Mr. Hanuman Prajapati, Public
Prosecutor
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
20/05/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.104/2024, registered at Police Station
Shambhupura, District - Chittorgarh for the offences under
Sections 8/15, 8/25 & 8/29 of NDPS Act.
Heard learned counsel for the petitioner and the learned
Public Prosecutor. Perused the material available on record.
As per the case of the prosecution, on 23.06.2024 at about
10:23 pm, on the Nakabandi at khor road below the Jalampur
pulia, one person was seen coming on motorcycle who was asked
to stop. Behind this motorcycle, one Swift car bearing registration
No.HR-26CP-5381 came, the driver of the said car was asked to
stop, but he ran away from the spot leaving the car. On
interrogation, the driver of the motorcycle bearing registration
No.RJ-09CS-1381 disclosed his name as Raju Khatik and the name
[2025:RJ-JD:25176] (2 of 4) [CRLMB-798/2025]
of the driver of the aforesaid car as Gauri Lal. On searching the
aforesaid car illegal narcotic contraband opium Doda powder
weighing 101.420 kg along with katta was recovered.
Learned counsel for the petitioner argued that accused-
petitioner has been falsely implicated in the present case. He has
no concern with the alleged recovered Doda powder. The recovery
of the Doda powder has been planted upon him. Accused is a
permanent resident of village Ordi, hence his location has been
found of the village Ordi.
Learned counsel for the petitioner has relied upon the
judgment of the Hon'ble Supreme Court in the case of P Krishna
Mohan Reddy Vs. State of Andhra Pradesh : Special Leave
Petition (Criminal) No.7532 of 2025 : 2025 INSC 725
wherein Hon'ble the Apex Court has observed that the confession
statement is per se inadmissible and no reliance whatsoever can
be placed on such statements either at the stage of bail or during
trial.
Learned counsel for the petitioner further submitted that the
accused is in judicial custody since 18.11.2024 and the trial of the
case will take sufficiently long time, therefore, the accused-
petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor vehemently opposed
the bail application and submitted that accused has committed a
serious crime under the NDPS Act. He has been found transporting
the illegal narcotic contraband 101.420 kg Doda powder without
any valid license. The recovered Doda powder is above the
commercial quantity.
[2025:RJ-JD:25176] (3 of 4) [CRLMB-798/2025]
During the course of investigation from the analysis of the
call details of the mobile phone of Raju, it was revealed that at the
time of seizure, the aforesaid car was being driven by Lokesh
Chandel who after seeing police party ran away from the spot.
There are screen shots on record of the conversation made
between Raju and Gauri Shankar. Accused Gauri Lal @ Gauri
Shankar in his disclosure statement stated that he was escorting
the aforesaid Swift car while the car was being driven by Lokesh
Chandel. Therefore, he prayed that looking to the gravity of the
offence, benefit of bail may not be extended to the petitioner.
Smt. Lali Bai who is the owner of the motorcycle bearing
registration No.RJ-09SX-1916 in his reply to the notice under
Section 133 of the MV Act stated that on 23.06.2024, her
motorcycle was being driven by his son Gauri Lal @ Gauri Shankar
and he was in possession of the said motorcycle. The aforesaid
motorcycle has been recovered and seized in the matter.
The location of the mobile tower location of Gauri Lal @
Gauri Shankar was found at village Ordi after the incident. Mobile
tower location of accused Lokesh Chandel was found to be of Kheri
Charan which is behind the place of incident where accused
Lokesh Chandel has left the car.
So far judgment relied upon by learned counsel for the
petitioner in the case of P Krishna Mohan Reddy (supra) with
regard to inadmissibility of the confession statement of an accused
to connect the other co-accused is concerned, here in the present
case there is admission of Lila Bai, the mother of the accused
Gauri Lal @ Gauri Shankar to the reply of notice under Section
[2025:RJ-JD:25176] (4 of 4) [CRLMB-798/2025]
133 of the MV Act that on 23.06.2024 (the date of incident), the
motorcycle, which was in her name, was in the possession of his
son Gauri Lal @ Gauri Shankar and he was driving the same.
Thus, this reply clearly connect the accused Gauri Lal @ Gauri
Shankar with the alleged incident in which he performed his role
in escorting the vehicle. His location was also somewhat changed
and shown nearby behind the place of incident. The said
motorcycle was also recovered from the possession of the accused
Gauri Lal @ Gauri Shankar.
This Court finds that at this stage, when the Investigating
Officer and other relevant prosecution witnesses are yet to be
examined, it cannot be said that the accused has not committed
any offence. The involvement of the accused in the commission of
offence can be ascertained only after recording of the statements
of the witnesses. No comment can be made on the
merits/demerits of the case at this stage.
The recovered narcotic contraband i.e. Doda powder
101.420 kg is above the commercial quantity, hence provisions
under Section 37 of the NDPS are attracted in this case. The
learned Public Prosecutor also opposed the bail application with his
arguments.
Having regard to the facts and circumstances of the case,
this Court is not inclined to grant bail to the accused-petitioner.
The bail application is, therefore, rejected at this stage.
(CHANDRA PRAKASH SHRIMALI),J
32-Ramesh Goyal, P.S./-
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