Rajunath vs State

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 FIR No.64/2017 of P.S. Shribalaji, District Nagaur for the offences punishable under Sections 8/15, 8/18 and 8/29 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that after rejection of second bail application of the petitioner, statements of Investigating Officer, Baldev Ram (PW-7) have been recorded before the trial court. It is argued that as per the prosecution story, a huge quantity of poppy straw and small quantity of opium were recovered from the residential house of co-accused Sunil.

The co-accused Sunil was not apprehended at the spot, however, later on he was arrested and he, while in police custody, gave information that he procured the said narcotic contraband from the petitioner. Learned counsel for the petitioner has submitted that except the information supplied by the co-accused Sunil while in police custody, no other evidence is available on record to connect the petitioner with the commission of crime. It is settled that information given by an accused while in police custody is not admissible in evidence. Learned counsel for the petitioner has invited attention of this Court towards the evidence of Investigating Officer Baldev Ram (PW-7) and has argued that from his evidence also, it is clear that except the information supplied by co-accused Sunil while in police custody, no other evidence is available on record to connect the petitioner with the commission of crime.

Learned counsel for the petitioner has submitted that taking into consideration the above facts and circumstances of the case, the petitioner is entitled to 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 and having gone through the material available on record and the statements of Investigating Officer, Baldev Ram (PW-7), who has not specified the nature of evidence available against the petitioner except the information given by the co-accused Sunil while in police custody, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rajunath S/o Shri Ratannath shall be released on bail in connection with FIR No.64/2017 of P.S. Shribalaji, District Nagaur 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.