Chotha Ram vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.171/2021 Police Station Baap, District Jodhpur, for the offences under Sections 8/15 and 29 of NDPS Act.

Heard learned counsel for the petitioner, learned Public Prosecutor and Mr. Kailash Dan Jugawat, Additional S.I. (I.O.) SIUCAW, Jodhpur Rural as also perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner has been implicated in the present case solely on the basis of information provided by co-accused-Mangi Lal under Section 27 of the Indian Evidence Act. Learned counsel for the petitioner submitted that apart from the statement of co-accused- Mangi Lal under Section 27 of the Indian Evidence Act, there is no evidence either direct or corroboratory in form of mobile phones, call details etc. is available on record to connect the petitioner with the alleged offence. He further submitted that the petitioner has been falsely implicated in the present case, therefore, the petitioner deserves to be enlarged on bail.

Per contra, learned Public Prosecutor along with Mr. Kailash Dan Jugawat, Additional S.I. (I.O.) SIUCAW, Jodhpur Rural opposed the bail application. However, they were not in a position to show any direct or corroboratory evidence available on record against the petitioner. Learned Public Prosecutor submitted that in view of the statement of co-accused-Mangi Lal under Section 27 of Indian Evidence Act, the petitioner does not deserve to be enlarged on bail.

Having regard to the facts and circumstances of the case and after going through the challan papers and keeping in view of the fact that there is no evidence either direct or corroboratory available on record connecting the present petitioner with the alleged offence, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner-Chotha Ram S/o Ganpat Ram, arrested in connection with FIR No.514/2022 171/2021 Police Station Baap, District Jodhpur, shall be released on bail; provided he executes a personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.