Kanhaiya Lal vs State Of Rajasthan

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.164/2018 of Police Station Rawla, District Sriganganagar for the offences punishable under Sections 8/21, 8/22 and 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of the first bail application of the petitioner, statements of Investigating Officer PW-8 Mohammad Anwar have been recorded before the trial court.

Learned counsel for the petitioner has submitted that as per the prosecution story, the police recovered huge quantity of tablets containing narcotic substance from co-accused Ram Kumar on 20.11.2018. It is submitted that during the course of interrogation, co-accused Ram Kumar gave an information under Section 27 of the Indian Evidence Act that he procured the said tablets from the petitioner. It is submitted that on the basis of the information given by co-accused Ram Kumar while in police custody, police have arrested the petitioner and also filed charge-sheet against him for the offences punishable under Sections 8/21, 8/22 and 8/29 of NDPS Act.

Learned counsel for the petitioner has submitted that petitioner was arrested by the police while he was in jail in some other case. It is also submitted that except the information given by co-accused Ram Kumar while in police custody, no other evidence to connect the petitioner with commission of crime is available on record. It is submitted that the Investigating Officer, in his statement has specifically admitted that he has implicated the petitioner in this case on the basis of the information given by co-accused Ram Kumar while in police custody and on the basis of of identification of the place by the petitioner where he had allegedly supplied the narcotic substance to co-accused Ram Kumar. It is submitted that the Investigating Officer, in his statement has also specifically admitted that he has not collected any independent, direct or indirect evidence to establish link of the petitioner with co-accused Ram Kumar. It is submitted that it is well settled that any information given by an accused person while in police custody is not a valid piece of evidence, which is admissible in law. It is submitted that except the said evidence, no other evidence is available on record to connect the petitioner with commission of crime. It is also submitted that in the facts and circumstances of the case, it would be very difficult for the prosecution to prove the charges against the petitioner for which he has been charged.

Learned Public Prosecutor has opposed the bail application. 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 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 Kanhaiya Lal S/o Devi Lal shall be released on bail in connection with FIR No.164/2018 of Police Station Rawla, District Sriganganagar 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.