Rafiq @ Raju vs State Of Rajasthan

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

The petitioner has been arrested in connection with FIR No.133/2016 of Police Station Luni, District Jodhpur, for the offence punishable under

Sections 8//15 & 8/29 of N.D.P.S. Act. The first bail application of the petitioner was rejected on 26.2.2019. He has preferred this second bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner is in custody since 3.1.2019 and the charge-sheet has been filed on 24.6.2019. Learned

counsel for the petitioner has shown from the charge-sheet in which it reflects that Rafiq had placed the contraband in the Innova car upon he being

told to do so by Ms.Sumata. Learned counsel for the petitioner submits that Ms.Sumata has been granted bail by this Court vide order dated 27.4.2017

(S.B. Criminal Misc. Bail No.537/2017). Learned counsel for the petitioner further submits that co-accused Subash Gora has been granted bail by this

Court vide order dated 27.4.2017 (S.B. Criminal Misc. Bail No.3611/2017) and the case of the petitioner is at par with as he has been implicated on

account of confessional statement of the accused himself. The operative portion of the order dated 27.4.2017 reads as under :-

“Indisputably, the petitioners were not apprehended with the poppy straw recovered from the Innova car on 14.08.2016. The I.O. has concluded

that the Innova vehicle was being driven by Raju Rao @ Radheyshyam but even the said conclusion is based on the confessional statement of the

accused himself. It is pertinent to note that the as against the petitioners other than Smt. Sumata, the prosecution seeks to draw an inference that since

mobile tower locations of the mobile instruments held by the respective accused coincide with the movement of the Innova car, they should be

presumed to be the conspirators for transportation of the Poppy straw recovered from the Innova car. The possibility of such a corresponding

movement being co-incidental cannot be ruled out. Be that as it may. Since, no recovery of any kind was effected from the possession of any of the

petitioners in the case at hand and since trial is likely to consume time; without expressing any opinion on the merits of the case, I am of the opinion

that petitioners deserve to be enlarged on bail.

Accordingly, these bail applications filed on behalf of the accused petitioners under Section 439 Cr.P.C. are allowed and it is directed that the

petitioners namely, (1) Subhash Gora, (2) Smt. Sumata @ Sunita, (3) Pradeep, (4) Manohar Lal, (5) Shaitan Ram son of Sukhram, (6) Raju Rao (7)

Sahiram, (8) Shaitana Ram son of Bhagirath Ram and (9) Prakash arrested in connection with the F.I.R. No.133/2016, registered at Police Station

Luni, District Jodhpur shall be released on bail provided each of them furnishes a personal bond of Rs.1,00,000/- each and 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 allowing the bail applications, appreciation needs to be expressed to the scientific way of investigation conducted by the I.O. A copy of this

order be placed in each file.â€​

Learned counsel for the petitioner thus submits that since no recovery of any kind was effected from the possession of the petitioner and as the

vehicle was being driven by Raju Rao and Mukesh Menaria and since the trial is likely to consume time, thus, the petitioner deserves to be granted

bail.

Learned Public Prosecutor has opposed the bail application.

Having regard to the totality of the facts and circumstances of the case and without expressing any opinion on the merits of the case and the fact

that co-accused has been released on bail, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rafiq @ Raju shall be released on

bail in connection with FIR No.133/2016 of Police Station Luni, District Jodhpur, provided he executes a personal bond in a sum of Rs.1,00,000/- with

two sound and solvent sureties of Rs.50,000/- 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.