Mahendra Meena 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 connection with FIR No.167/2018 of P.S. Rohat, District Pali for the offences punishable under Sections 8/15 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 on 01.7.2018, the police arrested four persons namely Jograj Singh, Chhelu Singh, Bhopal Singh and Abdul Shakur while they were transporting 66 kg illegal poppy straw in Maruti Ciaz Car.

As per prosecution story, during the course of interrogation, the above named persons gave information that they had procured the said poppy straw from the petitioner. Learned counsel for the petitioner has submitted that on the basis of said information given by the co-accused persons while in police custody, the police have implicated the petitioner in this case. Learned counsel for the petitioner has argued that as a matter of fact, after arrest of the above named co-accused persons, they first gave information on 2.7.2018 under Section 27 of Indian Evidence Act wherein they specifically stated that they procured the recovered narcotic contraband from one Achal Singh R/o Borkhera, District Pratapgarh, however, later on, the police again recorded the information given by those accused persons on 4.7.2018 and 5.7.2018 wherein it is mentioned that they procured the said recovered poppy straw from the petitioner. Learned counsel for the petitioner has submitted that except the information given by co-accused persons in police custody, no other evidence is available on record against the petitioner. It is also well settled that any information given by co-accused person in police custody is not admissible in evidence. Learned counsel for the petitioner has submitted that from the statements of Investigating Officer, Ganga Ram (PW-5), it is clear that except the information given by the co-accused persons in police custody, no other evidence is available on record against the petitioner.

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 Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mahendra Meena S/o Raja Ram shall be released on bail in connection with FIR No.167/2018 of P.S. Rohat, District Pali 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.