Vasu Ram vs State

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.28/2019 of Rageshwari Gas Terminal, District Barmer for the offences punishable under Sections 8/15, 25 and 8/29 of NDPS Act. 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, two persons Mukesh and Ganpat were apprehended while transporting narcotic contraband and both of them while in police custody gave information that they had supplied some poppy straw to co-accused Bhoma Ram and the police relying on their information had raided the house of Bhoma Ram and recovered huge quantity of poppy straw from there.

During the investigation, the co-accused persons Mukesh, Ganpat and Bhoma Ram gave information that they procured the said narcotic contraband from the petitioner. Learned counsel for the petitioner has submitted that except the information given by the co-accused persons in police custody, no other evidence is available on record to connect the petitioner with the commission of crime. It is also submitted that no recovery of any narcotic contraband has been effected at the instance of the petitioner. Learned counsel for the petitioner has submitted that now the statements of Jetha Ram, Investigating Officer (PW-1) have been recorded before the trial court wherein he has specifically admitted that informant in his information did not name the petitioner. It is also admitted by the Investigating Officer that he has not collected any documentary evidence or call details which may suggest that the petitioner was in contact with the co-accused persons namely Mukesh, Ganpat and Bhoma Ram. It is also admitted by the Investigating Officer that except the interrogatory note of the co-accused persons and the information given by them under Section 27 of the Indian Evidence Act while in police custody, no other evidence is available on record to connect the petitioner with the commission of crime. Learned counsel for the petitioner has submitted that it is settled that any information given 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 charge-sheet as well as statements of Investigating Officer (PW-1), 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 Vasu Ram S/o Jagra Ram shall be released on bail in connection with FIR No.28/2019 of Rageshwari Gas Terminal, District Barmer 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.