Rajasthan High Court - Jodhpur
Harphool @ Hari vs State Of Rajasthan (2025:Rj-Jd:9460) on 17 February, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:9460]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15275/2024
Mahaveer Singh S/o Fouji Singh Rajput, Aged About 31 Years, R/
o Saalariya P.s. Kotadi, Dist Bhilwara,present Ansal City Bhilwara
P.s. Bhilwara, Dist Bhilwara. (Presently Lodged In Dist Jail ,
Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 14456/2024
1. Harphool @ Hari S/o Gordhan Lal Suthar, Aged About 35
Years, R/o 100Ft. Road, Shanta Vihar Colony, P.s.
Pratapnagar, Dist Bhilwara. (Presently Lodged At Dist Jail ,
Chittorgarh)
2. Parwat Singh S/o Shri Onkar Singh, Aged About 32 Years,
R/o Kidimal,p.s.kareda, Presently R/o Ahinsa Circle, Gali No
08 Bjilwara, P.s. Pratapnagar, Dist Bhilwara. (Presently
Lodged At Dist Jail, Chittorgarh).
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mangilal Vishnoi.
Mr. S.S. Shaktawat.
For Respondent(s) : Mr. Shrawan Singh, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 17/02/2025 These applications for bail under Section 483 of BNSS (439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.298/2024 registered at Police Station (Downloaded on 17/02/2025 at 09:55:29 PM) [2025:RJ-JD:9460] (2 of 5) [CRLMB-15275/2024] Gangrar, District Chittorgarh, for offences under Sections 8/18, 8/29 and 8/58(2) of the NDPS Act.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
At the outset, learned counsel Shri S.S. Shaktawat submitted that he does not want to press the bail application (14456/2024) qua the petitioner No.1 Harphool @ Hari at this stage but, he craves leave of the Court to file a fresh bail application after the statements of the Investigating Officer are recorded. Thus, the bail application (14456/2024) is dismissed as not pressed qua the petitioner No.1 Harphool @ Hari with liberty prayed for. It is expected from the trial court that the statements of the Investigating Officer will be recorded on priority basis.
So far as petitioners Mahaveer Singh and Parwat Singh are concerned, learned counsel for the petitioners submitted that as per the prosecution, on receiving a specific information, the police officials flagged down one Scooty having registration No.RJ- 06-BC-6919. After following the procedure provided under the NDPS Act, when the offending vehicle (Scooty) was searched, contraband opium weighing 4 Kgs. 260 Gms. was recovered. The rider of the offending vehicle (Scooty) Smt. Asha, on being questioned by the police officials, informed that she did not have any connection whatsoever with the recovered contraband and the same appeared to have been concealed in the offending vehicle (Scooty) by her husband Harphool Suthar.
Learned counsel submitted that when the co-accused Harphool was apprehended by the police officials, he admitted the (Downloaded on 17/02/2025 at 09:55:29 PM) [2025:RJ-JD:9460] (3 of 5) [CRLMB-15275/2024] factum of concealing the contraband in the offending vehicle (Scooty). Learned counsel submitted that the co-accused Harphool, while in custody, further divulged an information that he had procured and concealed the recovered contraband (opium) with the help of the petitioners Mahaveer Singh and Parwat Singh. Learned counsel submitted that apart from the disclosure statements of the co-accused Harphool, there is no direct/circumstantial evidence available on record indicating involvement of these petitioners in commission of the alleged crime. Learned counsel further contended that the offending vehicle from which the contraband greater than commercial quantity was recovered also does not belong to the petitioners Mahaveer Singh and Parwat Singh.
Lastly, learned counsel submitted that the petitioners are in judicial custody; they have been implicated in this case solely on the basis of disclosure statements of the co-accused Harphool; investigation against the petitioners has already been completed and the trial of the case will take sufficiently long time. On these grounds, they implored the Court to enlarged the petitioners Mahaveer Singh and Parwat Singh on bail.
Per contra, learned Public Prosecutor has vehemently opposed the bail applications and submitted that looking to the seriousness of allegation against the petitioners, they do not deserve to be enlarged on bail.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the contraband (opium) was not recovered from the conscious (Downloaded on 17/02/2025 at 09:55:29 PM) [2025:RJ-JD:9460] (4 of 5) [CRLMB-15275/2024] possession of the petitioners Mahaveer Singh and Parwat Singh and they have been implicated in this case solely on the basis of disclosure statements of the co-accused Harphool. This Court further prima facie finds that apart from the disclosure statements of the co-accused Harphool, there is no direct/circumstantial evidence available on record indicating involvement of the petitioners in commission of the alleged crime. This Court further prima facie finds that the prosecution has not shown any apprehension of the petitioners Mahaveer Singh and Parwat Singh involving themselves in a case of similar nature or fleeing away from justice in case they are enlarged on bail.
In the prima facie opinion of this Court, the twin conditions enumerated in Section 37 of the NDPS Act are duly satisfied in the instant case qua petitioners Mahaveer Singh and Parwat Singh.
Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the petitioners Mahaveer Singh and Parwat Singh deserve to be enlarged on bail.
Consequently, the bail application (15275/2024) under Section 483 of BNSS (439 Cr.P.C.) is allowed and the bail application (14456/2024) under Section 483 of BNSS (439 Cr.P.C.) is partly allowed. It is ordered that the accused- petitioners (i) Mahaveer Singh S/o Fouji Singh Rajput and
(ii) Parwat Singh S/o Shri Onkar Singh arrested in connection with F.I.R. No.298/2024 registered at Police Station Gangrar, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.55,000/- each, to the (Downloaded on 17/02/2025 at 09:55:29 PM) [2025:RJ-JD:9460] (5 of 5) [CRLMB-15275/2024] 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.
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.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J 27 -28-Tikam/-
(Downloaded on 17/02/2025 at 09:55:29 PM) Powered by TCPDF (www.tcpdf.org)