Mahendra Kumar 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.50/2019 of Police Station Lalgarh Jatan, District Sriganganagar for the offences punishable under Sections 8/21, 22 and 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 had recovered huge quantity of tablets, capsules and syrup containing narcotic substance from possession of one Arshdeep @ Gora on 06.03.2019. During the course of interrogation, co-accused Arshdeep @ Gora gave an information under Section 27 of the Indian Evidence Act on 09.03.2019 that he procured the said narcotic contraband from a person residing in Bikaner, however, on 10.03.2019 again the police recorded an information of co-accused Arshdeep @ Gora under Section 27 of the Indian Evidence Act, wherein he has informed that he had procured the said narcotic contraband from the petitioner. It is submitted that on the said information of the co-accused Arshdeep @ Gora, petitioner was arrested and charge-sheet has been filed against him for the offences punishable under Sections 8/29 of the NDPS Act. It is submitted that in the charge-sheet, though the police have concluded that they have established link between petitioner and co-accused Arshdeep @ Gora on the basis of call details, however, now statements of Investigating Officer PW-3 Ram Kumar have been recorded before the trial court, wherein he has not referred the said call details establishing the link between the petitioner and co-accused Arshdeep @ Gora. It is also submitted that Investigating Officer PW-3 in his statement before the trial court has admitted in so many words that petitioner was arrested only on the basis of information given by co-accused Arshdeep @ Gora while in police custody. It is further submitted that it is well settled that any information given by an accused in police custody is not admissible in evidence.

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 Mahendra Kumar S/o Shri Aaduram Ji shall be released on bail in connection with FIR No.50/2019 of Police Station Lalgarh Jatan, Distsrict 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.