Karu vs State Of Rajasthan

Kuldeep Mathur, J

This second 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.381/2022 registered at Police Station Chhoti Sadri, District Pratapgarh, for offences under Sections 8/15 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 submitted that as per prosecution, on 11.12.2022, contraband (poppy husk/straw) weighing 153 Kgs. was recovered from the conscious possession of the present petitioner.

Drawing attention of the Court towards the challan papers, learned counsel submitted that the place from where the contraband was allegedly recovered in the presence of the present petitioner, belongs to co-accused Nanu Singh @ Nanu Ram. It was contended that co-accused Nanu Singh @ Nanu Ram, in his disclosure statements recorded under Section 27 of the Indian Evidence Act, stated that he had sold the recovered contraband to the present petitioner.

Lastly, learned counsel submitted that co-accused Nanu Singh @ Nanu Ram (S.B. Cr. Misc. Bail Application No.7140/2023) has already been enlarged on bail by a coordinate Bench of this Court vide order dated 26.06.2023 and the case of the present petitioner is not worse than the case of co-accused Nanu Singh @ Nanu Ram.

Learned counsel submitted that the petitioner is in custody and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that contraband greater than commercial quantity was recovered from the conscious possession of the present petitioner. However, he was not in a position to refute the fact that co-accused Nanu Singh @ Nanu Ram has already been enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case and after perusing the challan papers, this Court prima facie finds that the place from where the contraband was allegedly recovered in the presence of the present petitioner, belongs to co-accused Nanu Singh @ Nanu Ram; this Court also prima facie finds that the case of the present petitioner is not worse than the case of co-accused Nanu Singh @ Nanu Ram who has already been enlarged on bail; this Court also prima facie finds that the petitioner does not have any criminal antecedents.

Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellant is entitled to be released on bail.

Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Karu S/o Mangilal arrested in connection with F.I.R. No.381/2022 registered at Police Station Chhoti Sadri, District Pratapgarh, 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.