Vinod Sharma vs State Of Rajasthan

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.59/2018 of Police Station Kalyanpur, District Barmer for the offences punishable under Sections 8/15 and 29 NDPS 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, huge quantity of poppy straw was recorded from three persons viz. Hadman Rma, Jagdish Prasad and Shivram while they were transporting the same in a vehicle. It is submitted that after the arrest of above named three accused persons, they gave information under Section 27 of Indian Evidence Act that they procured the said narcotic contraband from Kailash and Ganesh and on the basis of said information, the police arrested Kailash and Ganesh and they gave information under Section 27 of the Indian Evidence Act that they procured the said narcotic contraband from the petitioner. It is submitted that except the information supplied by co-accused persons viz. Kailsh and Ganesh in police custody no other information is available on record to connect the petitioner with commission of crime. It is further submitted that now the statements of Investigating Officer Nema Ram have been recorded before the trial court as PW-3, wherein he has also accepted that except the information supplied by co-accused persons viz. Kailsh and Ganesh in police custody no other evidence is available against the petitioner. It is argued that the it is a settled position of law that the information given by the co-accused person in police custody is not admissible in evidence. Learned counsel for the petitioner has submitted that the Investigating Officer has also clearly admitted in his statement that he has not procured any call details to connect the petitioner to other co-accused persons. Learned counsel for the petitioner has, therefore, submitted that in the absence of any evidence against the petitioner available on record, he is entitled to be enlarged on bail.

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 Sharma S/o Devi Lal Sharma shall be released on bail in connection with FIR No.59/2018 of Police Station Kalyanpur, 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.