Ramkishore @ Ramaram 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.21/2019 of P.S. Karoi, District Bhilwara for the offences punishable under Sections 8/15 and 29 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per prosecution story, the police seized a huge quantity of poppy straw from a vehicle which was driven by co-accused Ramesh Chandra. It is alleged that when the police stopped the vehicle, the petitioner was also in the vehicle but he ran away from the scene of crime. Learned counsel for the petitioner has submitted that the prosecution has relied upon the information given by the co-accused Ramesh Chandra, who was arrested on spot, to conclude that the petitioner was in the vehicle along with him. Learned counsel for the petitioner has submitted that except information supplied by the co-accused Ramesh Chandra while in police custody, no other evidence is available on record to connect the petitioner with the commission of crime. It is further submitted that now the statements of Surendra Kumar, Investigating Officer (PW-1) have been recorded before the trial court wherein he has specifically stated that except the information supplied by the co-accused Ramesh Chandra while in police custody, no other evidence is available on record to connect the petitioner with the commission of crime. It is argued that it is well settled law that information supplied by an accused 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 having gone through the statements of Surendra Kumar (PW-1) wherein he has specifically stated that except evidence of co-accised Ramesh Chandra, no other evidence is available on record to connect the petitioner with the commission of crime, 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 Ramkishore @ Ramaram S/o Sahi Ram shall be released on bail in connection with FIR No.21/2019 of P.S. Karoi, District Bhilwara 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.