Narendra Rahar 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.100/2021, registered at Police Station Tibbi, District Hanumangarh, for offence under Section 8/22 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 similarly situated co-accused namely Devi Lal and Ravindra Kumar @ Vikky have already been enlarged on bail a coordinate Bench of this Court vide orders dated 16.06.2022 (in CRLMB No.5084/2022) and 03.08.2022 (in CRLMB No.10253/2022) respectively. The order dated 16.06.2022 passed by the coordinate Bench of this Court is reproduced hereinbelow:-

“The present bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 100/2021 registered at Police Station Tibbi, District Hanumangarh for the offences under Sections 8/22 & 8/29 of N.D.P.S. Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that after completion of investigation, charge-sheet has already been filed under Sections 8/22 & 8/29 of the N.D.P.S. Act. There is no evidence against the present petitioner to connect him with the allged offence. He further submits that no recovery has been made from the petitioner. He has been involved in this case for supplying narcotic substance on the basis of statement of the co-accused. On the above ground, he prays that the petitioner may also be enlarged on bail.

On the other hand, though, learned Public Prosecutor has opposed the bail application but he is not in a position to refute the submissions made by learned counsel for the petitioner.

Having regard to the rival contentions of the parties and upon a consideration of the facts and circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the bail application under Section 439 of Cr.P.C. filed by the petitioner deserves to be accepted.

Consequently, present bail application under Section 439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner - Devi Lal S/o Prabhu Ram arrested in connection with F.I.R. No. 100/2021 registered at Police Station Tibbi, District Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- with two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.”

While placing reliance upon the aforesaid order dated 16.06.2022, learned counsel for the petitioner submitted that in the present case also, no recovery was made from the conscious possession of the petitioner and he has been falsely implicated in this case only on the basis of information furnished by the co-accused Jaswant Singh @ Jassa, from whose possession the contraband (Tramadol Tablets) were recovered. Lastly, it was submitted that case of the petitioner is not worse than that of the co-accused Devi Lal and Ravindra Kumar @ Vikky, who have already been enlarged on bail. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor has opposed the bail application and submitted that in the present case there are corroboratory evidence available on record showing the involvement of present petitioner in the commission of alleged crime. Learned Public Prosecutor further submitted that co-accused Jaswant Singh @ Jassa in his statement has clearly stated that the narcotic substance i.e. Tramadol Tablets were supplied to him by the present petitioner. However, he was not in a position to refute the fact that similarly situated co-accused namely Devi Lal and Ravindra Kumar @ Vikky have already been enlarged on bail by a coordinate Bench of this Court.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Narendra Rahar S/o Ramgopal arrested in connection with F.I.R. No.100/2021, registered at Police Station Tibbi, District Hanumangarh, 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.