Mukesh @ Chhotu vs State Of Rajasthan

Dr.Pushpendra Singh Bhati, J

This Court perused the material available on record.

The petitioner has been arrested in connection with FIR No.49/2021 of Police Station Sadar, District Sri Ganganagar for the offences punishable under Sections 8/22 & 8/29 of NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has shown to this Court the order dated 06.04.2023 passed by a coordinate Bench of this Hon’ble Court in S.B. Criminal Misc. Bail Application No.7657/2022, in which, the similarly situated co-accused namely Shiv Lal has already been released on bail. The order dated 06.04.2023 reads as follows:

“The instant bail application has been filed under Section 439 Cr.P.C. against the order impugned passed by learned Court below in connection with FIR No.0049/2021 registered at Police Station Suratgarh Sadar, District Sriganganagar for the offence(s) under Sections 8/22 of the NDPS Act.

Learned counsel for the accused-petitioner submits that a false case has been foisted against the petitioner. The accused petitioner has nothing to do with the alleged offence and has been implicated in the case based upon the statements of the co accused Kamlesh, given under Section 67 of the NDPS Act, from whom possession prohibited drugs was recovered. Apart from that there is no other substantial or incriminating evidence connecting the accused-petitioner in the alleged crime. Accused-petitioner is in custody since 28.11.2021. Trial is likely to take long time to conclude. No useful would be served by keeping the accused petitioners behind the bars till disposal of the case.

Per contra, learned Public Prosecutor has vehemently opposes the bail application and contended that in the statements under Section 67 of the NDPS Act main accused has disclosed that he was in contact with the accused-petitioner through various calls and procured the prohibited drugs from the accused-petitioner. He fairly contended that there is no call record substantiating the statement rendered under Section 67 of the NDPS Act, therefore, the bail application of the accused-petitioner may be rejected.

Heard. Considering the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case and also taking into consideration that accused petitioner has been involved in the case on account of the statements of the co-accused and apart from the statements rendered under Section 67 of the NDPS Act there is no other substantial or incriminating evidence available on record connecting the present petitioner in the alleged crime. I deem it just and proper to grant bail to the accused-petitioner.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Shiv Lal S/o Shri Bhanwar Lal shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- 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.”

3.1 Learned counsel for the petitioner further submits that the only accused caught with the contraband was Kamlesh and the allegations levelled against the petitioner are lesser than the co-accused Shiv Lal. He also submits that the petitioner is in custody since 01.03.2021.

Learned Public Prosecutor opposes the bail application, but is unable to refute the aforesaid factual matrix.

This Court, on conjoint consideration of the custody period of the petitioner; the petitioner has not been arrested with the alleged contraband; and similarly situated co-accused namely Shiv Lal has already been granted bail by a coordinate Bench of this Hon’ble Court, is not inclined to continue the custody of the petitioner in this case at this stage.

Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Mukesh @ Chhotu S/o Bhup Singh shall be released on bail in connection with FIR No.49/2021 of Police Station Sadar, District Sri Ganganagar 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.