Vimal Kumar 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.629/2022 registered at Police Station Sardarsehar, District Churu for the offences under Sections 8/22 and 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 petitioner has been falsely implicated in the present case solely on the basis of disclosure statements of co-accused Vikas. Learned counsel submitted that except statements made by co-accused Vikas, there is no other legally admissible evidence available on record indicating involvement of the petitioner in the commission of alleged crime. Learned counsel further submitted that allegation against the present petitioner is that he procured the contraband from co-accused – Bharat. Learned counsel submitted that co-accused Bharat has already been enlarged on bail by a coordinate Bench of this Court vide order dated 28.08.2023, passed in S.B.CRLMB No.1159/2023. Lastly, it was submitted that the petitioner is behind the bars since 06.12.2022 and the trial of the case will take sufficiently long time and his incarceration is not warranted.

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

Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that this is not a fit case for enlargement of the accused-petitioner on bail, there is sufficient corroborative evidence indicating petitioner’s involvement, in the form of certain bank transactions between the petitioner and co-accused persons. However, he was not in a position to refute the fact that co-accused Bharat has already been enlarged on bail by a coordinate Bench of this Court vide order dated 28.08.2023.

Having considered the rival submissions, facts and circumstances of the case, so also the fact that co-accused Bharat has already been enlarged on bail by a coordinate Bench of this Court vide order dated 28.08.2023 and the case of present petitioner is not worse than that of co-accused person who has already been enlarged on bail, this Court 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 - Vimal Kumar S/o Mangilal arrested in connection with F.I.R. No.629/2022 registered at Police Station Sardarsehar, District Churu 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.