Rajasthan High Court - Jodhpur
Kailash Chandra vs State Of Rajasthan (2024:Rj-Jd:26350) on 1 July, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:26350]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7606/2024
Kailash Chandra S/o Champaram, Aged About 30 Years, R/o
Khileriyo Ki Dhani, Hansadesh, Police Station Lohawat, Dist.
Jodhpur. (Presently Lodged In Central Jail, Suratgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi through VC
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 01/07/2024 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.402/2022 registered at Police Station Sadar Ganganagar, Dist. Sri Ganganagar, for the offences punishable under Sections 8/15 and 29 of 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 as per the prosecution, the petitioner had supplied contraband (poppy husk/straw) weighing 60 kgs. to the co-accused Gurwinder Singh. Learned counsel submitted that the co-accused Gurwinder Singh (S.B. Criminal Miscellaneous 2nd Bail Application No.14035/2023) has already been enlarged on bail by this Court vide order dated 07.12.2023. The order dated 07.12.2023 passed by this Court is reproduced herein below for ready reference: (Downloaded on 19/07/2024 at 08:52:24 PM)
[2024:RJ-JD:26350] (2 of 4) [CRLMB-7606/2024] "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.402/2022 registered at Police Station Sadar, District Sriganganagar, for offences under Sections 8/15 and 8/29 of the NDPS Act.
Learned counsel for the petitioner submitted that as per prosecution, huge quantity of contraband (poppy husk/straw) weighing 60 kgs was recovered from a shop, house situated in Ward No.09 of Village Mohanpura, District Sriganganagar. Learned counsel submitted that the petitioner was not arrested on the spot, however he has been falsely implicated in the present case. Drawing attention of the Court towards the statements of Sandeep Kumar (PW-1) SHO PS Sadar, Sriganganagar, learned counsel submitted that police/investigating agency during the course of investigation has not procured any documents indicating that the shop from where huge quantity of contraband was recovered, belongs to the petitioner. Learned counsel submitted that in absence of any document indicating that the shop is in the exclusive owner of the present petitioner, he cannot be implicated in the present case.
Learned counsel submitted that the petitioner is in judicial custody 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 and submitted that looking to the seriousness of accusations against the petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that there are no documents available on record to show that the shop from where contraband was recovered, was in the exclusive possession/ownership of the present petitioner.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case particularly the fact that contraband was recovered from the shop situated in Ward No.09 of Village Mohanpura and the ownership whereof was not ascertained which is evident from the statements of PW- 1, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-
petitioner- Gurwinder Singh S/o Sh. Darshan Singh Barad shall be enlarged on bail in connection with FIR No.402/2022 registered at Police Station Sadar, District Sriganganagar, 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 (Downloaded on 19/07/2024 at 08:52:24 PM) [2024:RJ-JD:26350] (3 of 4) [CRLMB-7606/2024] 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."
Learned counsel for the petitioner further submitted that the contraband was not recovered from conscious possession of the present petitioner; the case of the present petitioner is not worse than that of the co-accused Gurwinder Singh who has already been enlarged on bail by this Court; the petitioner does not have any case of similar nature pending against; the petitioner is in judicial custody; investigation against the petitioner has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused- petitioner.
Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the above named co-accused person has already been enlarged on bail by this Court.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the contraband was not recovered from the conscious possession of the present petitioner. This Court also prima facie finds that no case of similar nature is pending against the petitioner. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioner Kailash Chandra S/o Champaram, arrested in connection with F.I.R. No.402/2022 (Downloaded on 19/07/2024 at 08:52:24 PM) [2024:RJ-JD:26350] (4 of 4) [CRLMB-7606/2024] registered at Police Station Sadar Ganganagar, Dist. Sri Ganganagar, 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 their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 261-divya/-
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