Ganesha Ram And Ors vs State Of Rajasthan

Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.59/2018 of Police Station Kalyanpur, District Barmer for the offences punishable under Sections 8/15 and 8/29 NDPS Act. They have preferred these second bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that as per the prosecution story, huge quantity of poppy straw was recorded from three persons viz. Hadman Rma, Jagdish Prasad and Shivram while they were transporting the same in a vehicle. It is submitted that after the arrest of above named three accused persons, they gave information under Section 27 of Indian Evidence Act that they procured the said narcotic contraband from the present petitioners viz. Ganesha Ram and Kailash Patidar. It is submitted that except the information supplied by co-accused persons viz. Hadman Rma, Jagdish Prasad and Shivram in police custody no other information is available on record to connect the petitioners with commission of crime. It is further submitted that now the statements of Investigating Officer Nema Ram have been recorded before the trial court as PW-3, wherein he has failed to point out any other evidence except the information supplied by co-accused persons viz. Hadman Rma, Jagdish Prasad and Shivram in police custody, which connects the petitioners with commission of crime. It is argued that it is well settled position of law that the information given by the co-accused person in police custody is not admissible in evidence. Learned counsel for the petitioners has submitted that in the absence of any other credible evidence against the petitioners, it would be very difficult for the prosecution to prove the guilt of the petitioners, therefore, the petitioners are entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail applications. 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 petitioners under Section 439 Cr.P.C.

Accordingly, these second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Ganesha Ram S/o Rama Ram and Kailash Patidar S/o Radhey Shyam shall be released on bail in connection with FIR No.59/2018 of Police Station Kalyanpur, District Barmer provided each of them 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.