Pawan Kumar vs State

Heard learned counsel for the parties and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No.273/2018 of Police Station Khajuwala, Distt. Bikaner for the offence(s) punishable under

Section(s) 8/21, 8/22, 8/29 of the NDPS Act. He/she/they has/have preferred this/these third bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, the petitioner has supplied huge quantity of tablets/capsules

containing narcotic subsance to co-accused Tekchand. It is alleged that the petitioner was in constant touch with co-accused Tekchand on his mobile

phone and as per his instructions, he went to Jaipur and procured the narcotic contraband (2 of 3) [CRLMB-3167/2021] from co-accused Shyam

Sunder and, thereafter, has parcelled it to co-accused Tekchand in a bus. It is submitted that as per the police, the petitioner was using a mobile phone

containing sim No.6367071784, which was issued in the name of one Girdhari. It is submitted that though the above referred sim has never been

recovered by the police, however, the statements of Girdhari were recovered by the police, in which, he has confirmed that the above referred sim

was issued in his name and he gave the same to the petitioner. Learned counsel for the petitioner has invited my attention towards the statements of

Girdhari (PW-7) recorded before the trial court, in which, he has not supported the prosecution story and in his cross-examination, he has specifically

stated that the above referred sim was of him and he has never given it to the petitioner and at present he is using the said sim. It is further submitted

that the I.O. Bhajan Lal (PW-5), in his statements, as stated that the petitioner sent cartons of narcotic contraband through a bus to co-accused

Tekchand, however, from the statements of conductor and the driver of the alleged bus, it is clear that they have not identified the petitioner and have

specifically stated that they did not ask the name of the person, who sent the said cartons on account of rush. It is further submitted that the petitioner

was not subjected to test identification by the driver and conductor of the alleged bus. Learned counsel has submitted that co-accused Shyam Sunder,

against whom, there is charge of supplying narcotic contraband to the (3 of 3) [CRLMB-3167/2021] petitioner, has already been enlarged on bail. It is

also submitted that as a matter of fact, no definite evidence regarding commission of crime by the petitioner is available on record. It is, thus, prayed

that the petitioner may be enlarged on bail.

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 petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these third bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Pawan Kumar S/o

Sh. Indrachand shall be released on bail in connection with FIR No.273/2018 of Police Station Khajuwala, Distt. Bikaner provided he/she/they

execute(s) a personal bond in the 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/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.