Jograj Singh 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.167/2018 of Police Station Rohat, Distt. Pali for the offence punishable under Section 8/15 of the NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.

At the outset, learned counsel for the petitioners does not want to press second bail application preferred on behalf of petitioner - Mahendra Meena S/o Raja Ram (S.B. Criminal Misc. 2nd Bail No.3042/2019).

Hence, the second bail application preferred on behalf of petitioner - Mahendra Meena S/o Raja Ram is dismissed as not pressed.

However, he is at liberty to file a fresh bail application before the trial court after recording of the statement of the I.O.

So far as bail applications preferred on behalf of petitioners - Jograj Singh S/o Bhom Singh, Chhelu Singh S/o Akhe Singh and Abdul Shakur S/o Abdul Aziz are concerned, learned counsel for the petitioners has submitted that as per the prosecution story, total 66 kgs of poppy straw alleged to have been recovered by the police from a car, in which, four persons namely Jograj Singh, Chhelu Singh, Abdul Shakur and Bhupat Singh were travelling. The said narcotic contraband was packed in four packets, out of which, two were 18 kgs each and remaining two were 15 kgs each. It is further submitted that the Seizure Officer has already been examined before the trial court as PW-2, who in his examination in chief has specifically stated that all the four persons arrested on the spot namely Jograj Singh, Chhelu Singh, Abdul Shakur and Bhupat Singh were owing different packets of narcotic contraband in the car, in which, they were travelling. It is submitted that the Seizure Officer, in his cross-examination has also specifically stated that all the above named four persons were in possession of different packets of narcotic contraband. Learned counsel for the petitioners has further submitted that when the Seizure Officer himself is claiming that all the above named four persons are in possession of separate packets then, it can be concluded that they are at the most guilty of transorting or possessing poppy straw, which is below commercial quantity because all the packets of narcotic contraband did not contain poppy straw more than 50 kgs. It is further submitted that taking into consideration the fact that the persons, who were arrested on the spot were in possession of poppy straw of below commercial quantity, petitioners - Jograj Singh S/o Bhom Singh, Chhelu Singh S/o Akhe Singh and Abdul Shakur S/o Abdul Aziz are entitled to be enlarged on bail.

Per contra, 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 petitioners - Jograj Singh S/o Bhom Singh, Chhelu Singh S/o Akhe Singh and Abdul Shakur S/o Abdul Aziz under Section 439 Cr.P.C.

Accordingly, the bail applications preferred on behalf of petitioners - Jograj Singh S/o Bhom Singh, Chhelu Singh S/o Akhe Singh and Abdul Shakur S/o Abdul Aziz filed under Section 439 Cr.P.C. are allowed and it is directed that they shall be released on bail in connection with FIR No.167/2018 of Police Station Rohat, Distt. Pali provided each of them executes a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.