Thakra Ram S/o Tulsa Ram vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the case diary.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.455/2014, registered at Police Station

Pindwara, District Sirohi for the offences under Sections 8 / 15 and

8 / 29 of the NDPS Act.

The recovery of contraband poppy straw weighing in excess

of 43 quintals was effected from the accused Lacha Ram. Lacha

Ram during his interrogation gave an information to the I.O. that

the poppy straw was to be handed over to the present petitioner.

However, no incriminating recovery or discovery appears to be

made in pursuance to such information. Co-accused Jagannath

from whom, some mobile sims etc. were recovered and who is

alleged to have escorted the said Lacha Ram, has been granted

bail by this Court on 16.8.2016. Though the petitioner is

implicated in one more case under the NDPS Act but the said case

pertains to recovery of 12 kgs. of poppy straw and that too from

the possession of Nimba Ram. The extent of admissibility of

information given by Lacha Ram on the strength whereof, the

petitioner has been implicated in this case is to be appreciated by

the trial Court.

In this background and having regard to the facts and

circumstances available on record but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the petitioner deserves to be released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Thakra Ram arrested

in connection with the F.I.R. No.455/2014, registered at Police

Station Pindwara, District Sirohi shall be released on bail provided

he furnishes a personal bond of Rs.50,000/- and two surety bonds

of Rs.25,000/- 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.