Ramesh vs State Of Rajasthan

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

The petitioner has been arrested in FIR No.101/2017 of Police Station Paldi-M District Sirohi for the offences punishable under Sections 8/15, 25 and

8/29 of NDPS Act and under Sections 417, 482 IPC. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, on secret information, the police apprehended the co-accused

Jagdish Chandra Gurjar with huge quantity of poppy straw, which was being transported by him in a truck. It is submitted that in the charge-sheet, the

police have concluded that when the co-accused Jagdish Chandra Gurjar was transporting the poppy straw in the said truck, the petitioner along with

one Kailash were escorting him in the Swift Car. It is submitted that the police have recovered some mobile phones from co-accused Jagdish and

have also procured call details of those mobile phones and thereafter concluded that one mobile phone No. 7378144230 is of the petitioner and he was

in constant conversation with co-accused Jagdish. It is submitted that the police have collected the call details of the mobile phones recovered from

Jagdish Gurjar and the other co-accused persons. It is also submitted that now the statements of the Investigating Officer PW-2 Biharilal Sharma

have been recorded before the trial court wherein, he has specifically stated that during the course of investigation, he has not recovered any mobile at

the instance of the petitioner and also admitted that the sim used in mobile No. 7378144230 is in the name of one Tejaram. It is further submitted that

when the above sim number is not in the name of the petitioner and there is no evidence available on record that the petitioner was using the said sim,

it is clear that there is no evidence against the petitioner to connect him with the commission of crime, except the information given by co-accused

under Section 27 of Indian Evidence Act. It is submitted that it is well settled that the information supplied by an accused person while in police

custody is not admissible in evidence.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after taking

into consideration the fact that the mobile No. 7378144230 is not in the name of the petitioner and is in the name of one Tejaram, 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 Ramesh S/o Bhalla Ram shall be released

on bail in connection with FIR No.101/2017 of Police Station Paldi-M District Sirohi 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.