Jeevan Singh vs State, Through PP

Vijay Bishnoi, J

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. 33/2019 of Police Station Dhamotar District Pratapgarh for the offences punishable under Sections

8/18, 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, the police have arrested co-accused Kanhaiyalal while

transporting 4 kgs of opium. While in police custody, the co-accused Kanhaiyalal has provided information that out of 4 kgs opium, he procured 2 kgs

opium from the petitioner around eight months back. It is submitted that on the basis of said information, the police arrested the petitioner and filed

charge-sheet against him for the offence punishable under Section 8/29 of NDPS Act. Learned counsel for the petitioner has argued that except the

information given by co-accused Kanhaiyalal, no other evidence is available on record to connect the petitioner with the commission of crime which

has been collected by the police during the course of investigation. It is further argued that now the statements of Investigating Officer (PW-5 Gopal)

have been recorded before the trial court wherein, he has also admitted that except the information given by the co-accused Kanhaiyalal while in

police custody, no other evidence is available against the petitioner. The Investigating Officer has also admitted that he has failed to collect any

evidence to prove that the petitioner was in contact with the co-accused Kanhaiyalal in any manner prior to the incident or on the date of the incident.

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 evidence of Investigating Officer (PW-5 Gopal)

in which, he has specifically stated that except the information given by the co-accused Kanhaiyalal while in police custody, no other evidence is

available on record against the petitioner, 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 Jeevan Singh S/o Shri Mansingh Anjana

shall be released on bail in connection with FIR No. 33/2019 of Police Station Dhamotar District Pratapgarh 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.