Manish Sharma vs State

Kuldeep Mathur, J

The instant bail application has been filed by the petitioner under Section 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.305/2020 registered at Police Station Baap, District Jodhpur, for the offences under Sections 8/22 and 29 of the NDPS Act.

Learned counsel for the petitioner submitted that recovery of Tramadol Hydrocloride 100 MG (5400 tablets) were made from co-accused-Goverdhan and no recovery has been affected from the present petitioner. He further submitted that he has been implicated in the present case for the offences under Sections 8/22 and 29 of NDPS Act without any substantive evidence, Learned counsel for the petitioner lastly submitted that the co-accused-(1).Ranjeet Singh S/o Shri Ummedsingh, (2). Mangi Lal S/o Shi Kanwar Lal, (3). Kawaruram @ Kanwarlal S/o Sh. Sajanram and (4). Prakash Chand S/o Asha Ram have already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 27.03.2023 in S.B. Criminal Misc. Bail Application Nos.14538/2022, 4167/2022, 13808/2022 and 14539/2022 respectively and the case of present petitioner is not distinguishable from that of the co-accused. He further submits that the accused-petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude. Therefore, the benefit of bail should be granted to the accused-petitioner. For ready reference order dated 27.03.2023 is reproduced Here in below:-

“Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.305/2020 of Police Station Bap, District Jodhpur for the offences punishable under Sections 8/22 & 29 of the NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.

Learned counsels for the petitioners submit that petitioners- Ranjeet Singh, Mangi Lal, Kawaruram and Prakash Chand have been preferred the bail applications under Section 439 Cr.P.C. against the dismissal of the orders dated 05.11.20222, 15.03.2022, 12.10.2022 and 01.11.2022 respectively.

Learned counsel for the petitioners- Ranjeet Singh and Mangilal have submitted that the accused petitioners have been falsely implicated in this case merely on the statements of main accused recorded during the investigation and no recovery has been effected against both the petitioners. The petitioners are in judicial custody since from their arrest and trial of the case will take considerable long time to conclude, thus, looking to the fact that petitioners are indulged in the offence punishable under Section 8/22 and 29 of the NDPS Act without any substantive evidence, their bail bail applications may be allowed. Learned counsels for the petitioners- Kawaruram and Prakash Chand have submitted that they have also been indulged in the offences based upon the recoveries of motor-cycle and Investigating Officer has recorded the statements of Kanwaru Ram and Prakash Chand before the trial court under Section 161 Cr.P.C. and initially no charge-sheet was filed against them. Later on, Investigating Officer has falsely implicated petitioners-Kanwaru Ram and Prakash Chand and submitted additional charge-sheet against them. It is also submitted that petitioners- Kanwaru Ram and Prakash Chand are in judicial custody since 03.10.2022 and 28.10.2022 respectively and trial of the case will take considerable long time to conclude and there is no adequate evidence regarding complicity of both the accused, therefore, they may be enlarged on bail.

Learned Public Prosecutor has vehemently opposed the bail applications.

Having regard to the totality of the facts and circumstances of the case and looking to the fact that accused petitioners- Ranjeet Singh and Mangilal have been indulged on the basis of the statements rendered by main accused during the course of investigation and petitioners- Kanwaru Ram and Prakash Chand were examined by the Investigating Officer under Section 161 Cr.P.C. not treating them as an accused and no independent evidence have been collected regarding complicity of all the accused, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Ranjeet Singh S/o Shri Ummedsingh, Mangi Lal S/o Shri Kanwar Lal, Kawaruram @ Kanwarlal S/o Shri Sajanram and Prakash Chand S/o Asha Ram shall be released on bail in connection with FIR No.305/2020 of Police Station Bap, District Jodhpur provided each of them 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.”

Per contra, learned Public Prosecutor has opposed the bail application.

Heard. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the accused-petitioner on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner-Manish Sharma S/o Shri Ram Kumar Sharma shall be enlarged on bail in connection with FIR No.305/2020 registered at Police Station Baap, District Jodhpur, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.