Bhagirath vs State Of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.230/2017 of Police Station Banar, Jodhpur for the offences punishable under Sections 8/15 and 8/25 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the police have filed charge-sheet against the petitioner while concluding that he is owner of the shop from where huge quantity of poppy straw were recovered. It is submitted that even in the charge-sheet, the police have concluded that petitioner rented out the shop to co-accused Laxman Ram and the narcotic contraband was recovered from the shop belongs to him only. It is submitted that now statements of Seizure Officer PW-2 and Investigating Officer PW-3 have been recorded before the trial court.

Learned counsel for the petitioner has submitted that the Seizure Officer PW-2 in his statement has stated that at the time of recovery of narcotic contraband, during the course of inquiry and investigation, it was revealed that shop belongs to the petitioner but it has not been come on record that petitioner had purchased the recovered poppy straw or he was doing business of selling the same. It is further submitted that Investigating Officer PW-3 in his statement has specifically admitted that during the course of investigation, it has come on record that petitioner was not aware of the fact that the person, to whom he rented out the shop, is selling poppy straw in the said shop. It is argued that from the above piece of evidence, it can be gathered that though the petitioner had rented out the shop to co-accused Laxman Ram but he was not aware that he would sell or purchase illegal poppy straw in the said shop. It is submitted that except the fact that petitioner is owner of the shop, from where poppy straw in huge quantity was recovered, there is no evidence of this effect is available on record that petitioner was aware about selling of illegal poppy straw from the said shop.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bhagirath S/o Shri Tarachand Prajapat shall be released on bail in connection with FIR No.230/2017 of Police Station Banar, Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.