Jawal Khan @ Jiya Ullahaq @ Kheda 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 F.I.R. No.509/2021 registered at Police Station Sangariya, District Hanumangarh, for offences under Sections 8/15, 25 and 29 of the NDPS Act.

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

Learned counsel for the petitioner submits that the contraband (poppy husk) weighing 52 kg was recovered from the conscious possession of the co-accused persons namely Babu @ Babu Khan and Manga @ Gurpreet Singh. Learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of the disclosure statements of co-accused persons. Learned counsel submitted that the contraband was not recovered from the conscious possession of the present petitioner and co-accused Babu @ Bauy Khan, who has already been enlarged on bail. Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that co-accused Babu @ Babu Khan, who has already been enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the contraband was not recovered from the conscious possession of the present petitioner and co-accused Babu @ Babu Khan, who has already been enlarged on bail; the petitioner has been implicated in the present case solely on the basis of the disclosure statement of co-accused persons, thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Jawal Khan @ Jiya Ullahaq @ Kheda S/o Kamaldeen Langa, arrested in connection with F.I.R. No.509/2021 registered at Police Station Sangariya, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.