Mahendra Kumar 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.336/2022 registered at Police Station Begun, District Chittorgarh, for offences under Section 8/29 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 contended that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the petitioner has been implicated in the present case solely on the basis of the disclosure statements of co-accused Prakashchandra recorded under Section 27 of the Indian Evidence Act. Learned counsel further submitted that apart from the disclosure statements of the co-accused Prakashchandra there is no other direct/circumstantial evidence available on record indicating involvement of the present petitioner in the commission of the alleged crime. Learned counsel submitted that the co-accused Prakashchandra (S.B. Criminal Misc. Bail Application No.12213/2023) has already been enlarged on bail by this court vide order dated 04.03.2024. Lastly, learned counsel submitted that the case of the present petitioner is not worse than that of the co-accused Prakashchandra, 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 a position to refute the fact that the petitioner has been made an accused in the present case solely on the basis of the confession/statements made by co-accused Prakashchandra under Section 27 of the Indian Evidence Act, who has already been enlarged on bail by this court.

Having considered the rival submissions, facts and circumstances of the case, this court prima facie finds that the contraband (Ganja) was not recovered from the conscious possession of the present petitioner. This court finds that the petitioner does not have any criminal antecedents. This court also prima facie finds that the petitioner has been implicated in the present case on the basis of the confession/statements of co-accused Prakashchandra recorded under Section 27 of the Indian Evidence Act, the co-accused Prakashchandra (S.B. Criminal Misc. Bail Application No.12213/2023) has already been enlarged on bail by this Court vide order dated 04.03.2024, and the case of the present petitioner is not worse than that of the co-accused Prakashchander who has already been enlarged on bail by this Court. 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 Mahendra Kumar S/o Mohanlal arrested in connection with F.I.R. No.336/2022 registered at Police Station Begun, District Chittorgarh, 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.