Manohar Lal 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.874/2022 registered at Police Station Pratapnagar, District Udaipur, for offences under Sections 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 submitted that contraband (cannabis/ganja) greater than commercial quantity was recovered on 17.11.2022 by the investigating agency from co-accused Vikram Ram who, in his disclosure statement under Section 27 of the Indian Evidence Act, informed that he has procured the contraband (cannabis/ganja) from the present petitioner. Learned counsel submitted that the only significant evidence available against the present petitioner in the present case is the statement of co-accused Vikram Raj. Learned counsel submitted that apart from the disclosure statement of co-accused Vikram Raj, there is no other direct or corroboratory evidence available on record indicating involvement of the present petitioner in commission of the alleged crime. Learned counsel submitted that in view of the fact that there is no evidence available on record except the disclosure statement of co-accused Vikram Raj showing involvement of the petitioner in commission of the alleged crime; challan has already been filed and the trial of the case is likely to consume sufficiently long time, the petitioner deserves to be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that apart from the disclosure statement of co-accused Vikram Raj, there is no other evidence available on record indicating involvement of the petitioner in commission of the alleged crime.

In view of the aforesaid, this Court is of the opinion that rigors of Section 37 of the NDPS Act shall not apply in this case and 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 Manohar Lal S/o Kalu Lal arrested in connection with F.I.R. No.874/2022 registered at Police Station Pratapnagar, District Udaipur, 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.