Bhanwar Lal vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.9/2022 registered at Police Station Siriyari, District Pali, for offences under Sections 8/15, 29 of the NPDS Act.

Learned counsel for the petitioner submitted that contraband (poppy husk / straw) weighing 380 Kg was recovered from a Scorpio Car having registration No.RJ-06-UA-7876. Learned counsel submitted that during the course of the investigation, petitioner has been arrested by the Investigating Agency solely on the basis of the disclosure statement of co-accused Prakash recorded under Section 27 of the Indian Evidence Act. Learned counsel submitted that apart from the statements of the co-accused Prakash recorded under Section 27 of the Indian Evidence Act, there is nothing on record indicating involvement of thepetitioner in alleged commission of crime. Learned counsel submitted that in the absence of any direct / corroboratory evidence, the petitioner cannot be implicated in the present case solely on the basis of the statements of the co-accused Prakash.

Learned counsel submitted that the petitioner is in judicial custody, challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. Learned counsel lastly submitted that petitioner does not have any criminal antecedents and the conditions enumerated in Section 37 of the NDPS Act are duly satisfied in the present case.

Per contra, learned Public Prosecutor opposed the bail application.

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, so also the fact that apart from the statement of co-accused Prakash, there is no direct / corroboratory evidence available on record prima facie indicating involvement of the present petitioner in commission of crime, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Bhanwar Lal S/o Sh. Dharmaji shall be enlarged on bail in connection with FIR No.9/2022 registered at Police Station Siriyari, District Pali, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.

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.