Bhura Ram @ Aman Dahiya 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.219/2018 of Police Station Goluwala, District Hanumangarh for the offences punishable under Sections 8/21, 22, 25 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of the second bail application of the petitioner, statement of the Investigating Officer PW-1 Jagdish Prasad have been recorded before the trial court. It is submitted that as per the prosecution story, huge quantity of tablets were recovered from the possession of co-accused Chetram during the course of investigation and he informed the Investigating Officer that he had procured the said narcotic contraband from one Brijlal, however, at that time when he went for procuring the said narcotic contraband, the petitioner and co-accused Jaipal had accompanied him. It is submitted that the prosecution has concluded that it was the petitioner, who facilitated the procurement of the narcotic contraband by Chetram from Brijlal but no such evidence is available on record except the information supplied by co-accused Chetram and the confession of the petitioner recorded by the police under Section 67 of the NDPS Act. It is submitted that before recording the confession of the petitioner, no notice was given to him and the said confession is not supported by any other corroboratory evidence.

Learned counsel for the petitioner has invited my attention towards the evidence of Investigating Officer PW-1 Jagdish Prasad and submitted that he has specifically admitted that in his cross-examination that before recording the confession of the petitioner, no notice was given to him. It is therefore submitted that from the above, it is clear that the petitioner has falsely been implicated in this case.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after going through the material available on record, particularly the statement of the Investigating Officer, in which he has admitted that before recording confession of the petitioner under Section 67 of the NDPS Act, no notice was given to him and after taking into consideration that no corroboratory evidence in support of the said confession was collected by the police during the course of investigation, 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 Bhura Ram @ Aman Dahiya S/o Shri Gurdayal Singh shall be released on bail in connection with FIR No.219/2018 of Police Station Goluwala, District Hanumangarh 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.