Charan Singh @ Angrej Singh Butar @ Gurcharan Singh vs State

Perused the bail application and material available on record. The petitioner has been arrested in FIR No.571/2018 of P.S. Hanumangarh Town, District Hanumangarh for the offences punishable under Sections 8/15, 18 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Heard Mr. R.S. Gill, learned counsel for the petitioner through Jitsi Meet App.

Learned counsel for the petitioner has submitted that as per prosecution story, a huge quantity of poppy husk and 220 grams of opium were recovered from co-accused Jaskaran Singh and Gurjeet Singh. The above named accused persons were arrested and during the course of investigation, they informed that the petitioner is partner of illegal business of narcotic substance and on the basis of said information recorded by the police under Section 67 of the NDPS Act, the petitioner was arrested and thereafter charge-sheet has been filed against him. Learned counsel for the petitioner has submitted that except the information/confession of the co-accused persons Jaskaran Singh and Gurjeet Singh, no other evidence connecting the petitioner with the commission of crime is available on record. Learned counsel for the petitioner has invited my attention towards the statements of Shakil Ahamad, Investigating Officer (PW-2) and pointed out that the said witness has specifically stated that except the information/confession given by the above co-accused persons, no other evidence is available on record to connect the petitioner with the commission of crime. Learned counsel for the petitioner has submitted that in such circumstances, it is clear that the petitioner has falsely been implicated in this case.

Per contra, learned Public Prosecutor has opposed the bail application and submitted that information/confession given by co- accused Jaskaran Singh and Gurjeet Singh under Section 67 of the NDPS Act is admissible in evidence. However, learned Public Prosecutor has failed to point out any other evidence available on record to connect the petitioner with the commission of crime.

Heard learned counsel for the parties and perused the material available on record as well as the statements of the Investigating Officer (PW-2).

It is true that information/confession of co-accused persons recorded under Section 64 of the NDPS Act is admissible in evidence but it cannot be ignored that no other corroboratory evidence is available on record which suggests involvement of the petitioner in the commission of crime.

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 Charan Singh @ Angrej Singh Butar @ Gurcharan Singh S/o Major Singh shall be released on bail in connection with FIR No.571/2018 of P.S. Hanumangarh Town, 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.