Annaram vs State Of Rajasthan

Kuldeep Mathur, J

This second 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.280/2021 registered at Police Station Nimbahera Sadar, Dist. Chittorgarh, for the offences under Sections 8/15 and 8/29 of NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submitted that the recovery of the contraband was made from one Kesaram @ Kishor. The allegation against the present petitioner is that he was escorting the vehicle driven the co-accused Kesaram @ Kishor which was loaded with a significant quantity of contraband (Poppy husk/straw) weighing 13 quintal 39 kgs &100 gms. Drawing attention of the Court towards the charge-sheet as well as the statements of the Seizure Officer- Phool Chand (PW- 2) and Investigating Officer- Harendra Singh (PW-04), learned counsel submitted that apart from the statements of co-accused Kesaram @ Kishor recorded under Section 27 of the Indian Evidence Act while he was in police custody, there is no other material evidence available on record indicating his involvement in the commission of the alleged crime.

Learned counsel submitted that apart from the present case, though there is a subsequent case lodged against the present petitioner, however, there is no recovery of any incriminating material allegedly made from the present petitioner.

Lastly, learned counsel submitted that the petitioner is in judicial custody since 19.08.2023 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 and submitted that petitioner is a habitual offender and therefore, he does not deserve to be enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case and after perusing the statements of the Seizure Officer- Phool Chand (PW-02) and nvestigating Officer-Harendra Singh (PW-04) recorded before the competent criminal court, this Court prima facie finds that in the present case, recovery was not directly made from the present petitioner. This Court prima facie also finds that apart from the disclosure statements of co-accused Kesaram @ Kishor, there is no other direct/ circumstantial evidence available on record indicating involvement of the petitioner in commission of the alleged crime. In the prima facie opinion of this Court, the twin conditions of Section 37 of 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 second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Annaram S/o Narayan Ram arrested in connection with F.I.R. No.280/2021 registered at Police Station Nimbahera, Dist. Chittorgarh, 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.