Vinod Kumar vs State Of Rajasthan

Vijay Bishnoi, J

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.708/2020 of Police Station Hanumangarh Junction, District Hanumangarh for the offences punishable under Sections 8/22 and 29 of NDPS Act and Section 8(C)/27(B)(ii) of Drugs and Cosmetic Act. He has preferred this third bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, the police apprehended one Abid @ Salim @ Adil while he was transporting certain medicine containing narcotic substance above commercial quantity. It is argued that as per the police, during the course of investigation, the said co-accused while in police custody informed that he procured the said narcotic substance from the petitioner. Learned counsel for the petitioner has further submitted that in the charge-sheet, the police have concluded that the petitioner was in constant touch with co-accused Abid @ Salim @ Adil through two phone numbers, however, during the course of investigation, it was found that one of the SIM of that phone numbers was in the name of Jaspal, whereas no investigation was carried out in respect of another phone number.

Learned counsel for the petitioner has invited my attention towards the statements of Investigating Officer (PW-6) and argued that the Investigating Officer (PW-6) has also admitted that co-accused Abid @ Salim @ Adil provided two different information Exhibit–P/8 and Exhibit–P/2. It is submitted that in Exhibit–P/8, co-accused Abid @ Salim @ Adil has informed that the petitioner supplied the narcotic substance to him in his village whereas in Exhibit-P/2, he has informed that he procured the narcotic substance from the petitioner. Learned counsel for the petitioner has submitted that taking into consideration of the above facts and circumstances of the case, it is clear that the police have implicated the petitioner only on the basis of the information supplied by co-accused while in police custody otherwise no other credible evidence is available on record to connect the petitioner with the commission of crime.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, 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 third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Vinod Kumar S/o Patram shall be released on bail in connection with FIR No.708/2020 of Police Station Hanumangarh Junction, District Hanumangarh 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.