Bharat Ram @ Bharat Ram vs State

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.164/2018 of Police Station Pur, Bhilwara for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, the police have arrested co-accused Shrawan along with huge quantity of poppy straw when he was transporting the same in a truck. It is submitted that during the course of interrogation, co-accused Shrawan while in police custody has given an information under Section 27 of the Indian Evidence Act that recovered narcotic contraband is to be supplied by him to the petitioner Bharat and one person Shrawan. It is also informed by him that he procured the said narcotic contraband as per the instructions of the petitioner Bharat and co-accused Shrawan. It is submitted that except the information given by co-accused Shrawan in the police custody, no other evidence is connecting the petitioner with commission of crime. It is submitted that now statement of the Investigating Officer PW-2 Rajesh have been recorded before the trial court, wherein he has admitted that the alleged call details between the petitioner and co-accused Shrawan is not available on record of the trial court. He has also admitted that petitioner is being made accused in this case on the basis of the information given by co-accused Shrawan while in police custody. The Investigating Officer has also specifically admitted that he has not collected any evidence of any independent witness who has verified that they have seen the petitioner and co-accused Shrawan together. It is submitted that from the statement of the Investigating Officer, it can be gathered that petitioner is being made accused only on the basis of the statement of co-accused Shrawan given while in police custody, whereas it is well settled that any information or statement of co-accused given in police custody are not admissible in evidence.

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 Bharat Ram @ Bharat Ram S/o Sh. Johara Ram @ Jora Ram Bishnoi shall be released on bail in connection with FIR No.164/2018 of Police Station Pur, Bhilwara 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.