Bheru Lal Jat 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.15/2022 registered at Police Station Paroli, District Bhilwara, for offence under Sections 8/29 of the N.D.P.S. Act.

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

Learned counsel for the petitioner submitted that S.H.O. P.S. Paroli alongwith other Police officials on receiving a secret information, at about 9 A.M. conducted Nakabandi at Danta Choraha on 8.2.2022. During aforesaid Nakabandi, contraband weighing 159 Kg. (poppy straw) was recovered from co-accused, Jagdish, Nand Lal and Bhagwan Lal respectively. During personal search of co-accused Jagdish, a sum of Rs.95,970/- was recovered from his pants/trousers. Upon being asked, he informed that amount had been collected by him from present petitioner after selling two sacks of poppy straw. Learned counsel submitted that present petitioner has been implicated in the present case only on the basis of the disclosure statement of the co-accused Jagdish under Section 27 of the Evidence Act. Learned counsel submitted that there is nothing on record which can suggest that the petitioner is connected with the alleged crime. Learned counsel vehemently submitted that the present petitioner cannot be implicated in the present case solely on the basis of disclosure statement and in the absence of any direct/corroborative evidence i.e. call details/mobile details etc. Learned counsel requested that the present petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor opposed the bail application. However, he was failed to provide any material which could prima-facie connect the present petitioner with the co-accused Jagdish.

In view of above, this Court is of the opinion that rigours of Section 37 of the NDPS Act do not operate to the prejudice of the present petitioner.

Heard. Considering the arguments advanced by the counsel for the parties and looking to the possibility that the trial may take long time to conclude, this Court deems it just and proper 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- Bheru Lal Jat S/o Mishri Lal Jat shall be enlarged on bail in connection with FIR No.15/2022 registered at Police Station Paroli, District Bhilwara, 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 do so.