Urjaram 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.24/2022 registered at Police Station Bhojasar, District Jodhpur Rural for the offences under Sections 8/15 and 29 of the NDPS Act.

Learned counsel for the petitioner submitted that contraband greater than commercial quantity was not recovered from the conscious possession of the present petitioner. Learned counsel submitted that in view of the fact that only significant evidence available against the present petitioner is the statements of co-accused persons – Pukhraj and Durgaram recorded under Section 27 of the Indian Evidence Act wherein they have stated that they had procured the contraband from the present petitioner. Learned counsel submitted that apart from the disclosure statements of above-named co-accused persons, there is no other direct/corroboratory evidence in the form of call details, mobile calls, Whatsapp chats available on record indicating involvement of the present petitioner in the commission of alleged crime. Learned counsel submitted that the investigation has already been completed in the present case; challan has been filed; the petitioner is in judicial custody since 04.04.2023 and the trial of the case will take sufficiently long time to conclude.

On these grounds, he implored the court to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor vehemently opposed the bail application and submitted that looking to the seriousness of accusation against the present petitioner, he does not deserve to be enlarged on bail. Learned Public Prosecutor further submitted that the petitioner is a habitual offender and a few cases are also pending against him under the N.D.P.S. Act.

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

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that apart from the disclosure statements of above-named co-accused persons, there is no other direct/corroboratory evidence available on record indicating involvement of the present petitioner in the commission of alleged crime. This Court also finds that although a few cases are pending against the petitioner under the N.D.P.S. Act but in all those cases the contraband is below commercial quantity. This Court also finds that investigation has already been completed in the present case, without expressing any opinion on merits/demerits of the case deems it just and proper 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 - Urjaram S/o Sh. Puna Ram arrested in connection with F.I.R. No.24/2022 registered at Police Station Bhojasar, District Jodhpur Rural 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.