Rajasthan High Court - Jodhpur
Shankar Jat vs State Of Rajasthan (2024:Rj-Jd:21888) on 15 May, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:21888] (1 of 4) [CRLMB-4960/2024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 4960/2024
Shankar Jat S/o Udai Ram, Aged About 24 Years, R/o Pipaliya
Kalla, Ps Gangrar, District Chittorgarh (Raj.)
(Lodged In District Jail, Churu)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
For Respondent(s) : Mr. Saleem Khan, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
15/05/2024 This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.135/2021 registered at Police Station Ratan Nagar, District Churu, for offences under Sections 8/15 and 29 of the NDPS Act.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that the contraband (poppy husk/straw) weighing 210 kgs. was recovered from a truck bearing registration No.PB-13-AW-2997. The co-accused persons namely Guri Singh and Harman Singh riding on the said truck were arrested on the spot. Learned counsel submitted that as per prosecution, co- accused persons in their disclosure statements, stated that they (Downloaded on 17/05/2024 at 09:09:55 PM) [2024:RJ-JD:21888] (2 of 4) [CRLMB-4960/2024] had procured the said contraband from the present petitioner. Learned counsel submitted that the co-accused also stated that they were in contact with the present petitioner through his mobile No.8824026896. However, except the disclosure statements of the co-accused persons, there is no other evidence available on record to connect the present petitioner with mobile No. 8824026896 or indicating his involvement in the alleged crime in any manner.
To strengthen the submissions, learned counsel submitted that the statements of the Investigating Officer - Hansraj (PW-8) have been recorded before the competent criminal court on 1.4.2024. From the perusal whereof, it is evident that neither the SIM Card of Mobile No. 8824026896 was recovered from the petitioner, nor the investigating agency obtained consumer application pertaining to aforesaid mobile number. Learned counsel submitted that even the CAF ID pertaining to mobile No. 8824026896 was not obtained by the investigating agency. It was thus urged that there is nothing on record to conclude that the mobile No. 8824026896 belongs to the petitioner and the petitioner was involved in commission of the alleged crime.
Lastly, learned counsel submitted that the petitioner is in judicial custody since 11.3.2022, challan has already been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently opposed the bail application.
(Downloaded on 17/05/2024 at 09:09:55 PM) [2024:RJ-JD:21888] (3 of 4) [CRLMB-4960/2024] Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
The relevant portion of the court statement of the Investigating Officer - Hansraj (PW-8) is reproduced hereinbelow for ready reference:
"izdj.k esa idM+s x, eqyfteku xqjhflag o gjeunhi flag us blh uacj ij ckr dj MksMk iksLr ysuk crk;kA eks-ua 8824026896 ds ckjs esa vuqla/kku fd;k Fkk ;k ugha vkt eq>s ;kn ugha gSaA vt dgk dh LØhu"kkWV fy, tkdj "kkfey i=koyh fd,A ;g dguk lgh gS fd izn"kZ ih 7 esa yxs LØhu"kkWVl esa eks- ua- 8824026896 dk dksbZ mYys[k ugha gSA eSa ugha crk ldrk eks-ua 8824026896 dh lhe fdlds uke ls tkjh gks j[kh Fkh] ;g Hkh ugha crk ldrk fd mDr eks-ua 8824026896 dkSu dke esa ys jgk Fkk eSa ugha crk ldrkA vt [kqn dgk dh eqyfte ds crk, vuqlkj "kadj tkV dke esa ys jgk FkkA ;g dguk lgh gS fd eks- ua 8824026896 dh dSQ vkbZMh nkSjkus vuqla/kku esa ugh yhA i=koyh esa ft;ks daiuh dh ,d "kadj uke ls ,d dSQ vkbZMh yxh gqbZ gS ftlesa eksa- u- 9079305351 gSA vkt eq>s ;kn ugha gS fd eks- ua 9079305351 dh dkWy fMVsy o yksds"ku ugha fudyokbZ FkhA vt dgk fd 8824026896 ;g vYVjusV uacj gSA ;g dguk lgh gS fd vxj fdlh O;fDr ds uke ls fle tkjh gks j[kh gS rks tkjh djokus okys O;fDr ds vykok nwljk O;fDr Hkh dke esa ys ldrk gSA fle ysu ds fy, ,d QkWeZ Hkj dj lkFk esa ,d vkbZMh yxkdj fle yh tkrh gSA vc dksbZ u;k fu;e vk x;k gS rks eq>S /;ku ugha gSA ;g dguk xyr gS fd dksbZ Hkh O;fDr fdlh Hkh nwljs O;fDr ds MkWD;wesaV ysdj mlds uke ls fle tkjh djok ldrk gksA eSaus "kadj dks 11-03- 2022 dks Fkkuk ifjlj pw: esa fxjQrkj fd;k FkkA ml jkst Fkkus esa "kadj tkV dks dksbZ ysdj vk;k Fkk ;k vius vki vk;k Fkk vkt eq>s /;ku ugh gSA ;g dguk lgh gS fd izn"kZ ih 32 QnZ fxjQrkjh eqyfte "kadj ls dksbZ iwNrkN uksV ugh cuk;kA izn"kZ ih 32 QnZ fxjQrkjh "kadj ls ,d eksckbZy Qksu uacj 6378088688 tCr fn[kk, x, gSA bl uacj dh dkWy fMVsy o yksds"ku fudyokbZ Fkh ;k ugha vkt eq>s ;kn ugha gSA eks-ua 6378088688 dh fle fdlds uke ls tkjh gks j[kh gS eSa ugha crk ldrkA vkt eq>s ;kn ugha gS fd bl uacj dh dSQ vkbZMh nkSjkus vuqla/kku yh Fkh ;k ugha yhA eSa ugh crk ldrk dh eks-ua 6378088688 dh fle ftl eksa- esa dke esa yh tk jgh Fkh ml eksckbZy ds bZ,evkbZ uacj D;k gSA eSa ugh crk ldrk dh 8824026896 dh fle ftl eksckbZy esa dke yh xbZ Fkh ml eksckbZy ds bZ,evkbZ uacj D;k FksA"
Having considered the rival submissions, facts and circumstances of the case including the statements of the Investigating Officer - Hansraj (PW-8) recorded before the competent criminal court, this Court prima facie finds that the (Downloaded on 17/05/2024 at 09:09:55 PM) [2024:RJ-JD:21888] (4 of 4) [CRLMB-4960/2024] Investigating Officer has failed to procure any document indicating that the mobile No. 8824026896 belongs to the present petitioner. This Court thus finds sufficient force in the argument of learned counsel for the petitioner that apart from the disclosure statements of the co-accused persons, there is no other material available on record indicating the petitioner's involvement in commission of alleged crime. This Court also prima facie finds that the petitioner does not have any criminal antecedents.
In view of the aforesaid, in the opinion of this Court, the twin conditions enumerated in Section 37 of the NDPS Act are duly satisfied and as such, the petitioner deserves to be enlarged on bail.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Shankar Jat S/o Udai Ram shall be enlarged on bail in connection with FIR No.135/2021 registered at Police Station Ratan Nagar, District Churu, provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J 54-TarunGoyal/-
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