Udai Lal @ Kana @ Kanhaiyalal vs State Of Rajasthan

Kuldeep Mathur, J

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.396/2022 registered at Police Station Bilara, District Jodhpur for offences under Sections 8/15 & 29 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the contraband (poppy husk/straw) weighing 150 Kgs Was recoveed from an unnumbered Creta car on 14.08.2022. Learned counsel for the petitioner submitted that the petitioner was not arrested on the spot, however, he has been implicated in the present case, solely on the basis of the statements of the co-accused Sanwar Lal recorded under Section 27 of the Indian Evidence Act, who in his disclosure statements, stated that the contraband recovered in the present case was procured by him from the present petitioner. Learned counsel submitted that apart from the disclosure statements of co-accused Sanwar Lal, there is no other evidence available on record indicating his involvement in commission of the alleged crime.

Learned counsel for the petitioner further submitted that the co-accused Sanwar Lal (S.B. Criminal Miscellaneous Bail Application No.4431/2023) has already been enlarged on bail by this Court vide order dated 04.08.2023.

Lastly, learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has opposed the bail application and submitted that in the present case contraband greater than commercial quantity has been recovered by the investigating agency, therefore, the petitioner does not deserve to be enlarged on bail. However, learned Public Prosecutor was not in a position to refute the fact that the co-accused Sanwar Lal has already been enlarged on bail by this Court.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the contraband was not recovered from the conscious possession of the present petitioner; there is no other direct/corroboratory evidence available on record apart from the disclosure statements of the co-accused Sanwar lal showing the involvement of the petitioner in commission of the alleged crime, this Court is of the opinion that twin conditions of Section 37 of the NDPS Act are duly satisfied. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Udai Lal @ Kana @ Kanhaiyalal S/o Narayan Lal arrested in connection with F.I.R. No.396/2022 registered at Police Station Bilara, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.