Rajasthan High Court - Jodhpur
Hari Kishan vs State Of Rajasthan (2025:Rj-Jd:7202) on 5 February, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:7202]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 13175/2024
Hari Kishan S/o Ram Karan Gurjar, Aged About 22 Years, R/o
Hansiyawas ,babyachya, P.s.gegal,dist. Ajmer,raj. (At Present
Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous 2nd Bail Application No. 1019/2025
Kalu Mohammad S/o Fatu Khan, Aged About 46 Years, R/o
Babycha P.s. Gegal Dist Ajmer Raj (At Present Lodged In Dist Jail
Bhilwara)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Deepak Menaria
Mr. Sikander Khan
For Respondent(s) : Mr. Shrawan Singh Rathore, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 05/02/2025 These second applications for bail under Section 483 BNSS (439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.27/2023 registered at Police Station Pur, Dist. Bhilwara, for the offences punishable under Sections 8/15, 29 of NDPS Act and Section 477 of IPC.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. (Downloaded on 06/02/2025 at 09:52:22 PM)
[2025:RJ-JD:7202] (2 of 5) [CRLMB-13175/2024]
Learned counsel for the petitioners submitted that the
petitioners have been falsely implicated in the present case. Learned counsel submitted that nothing has been recovered from the conscious possession of the present petitioners.
Drawing attention of the Court towards the FIR, the challan papers and the statements of the Investigating Officer (PW.5) recorded before the competent criminal Court, learned counsel submitted that as per the prosecution, the contraband (poppy husk/straw) weighing 215.200 kgs. was recovered from an abandoned pickup vehicle bearing registration No.RJ-14-GG-9701. The petitioners have been made accused in the present case solely on the basis of FASTag of the offending vehicle. Learned counsel submitted that as per the prosecution, the amount of FASTag at toll plaza situated at National Highway-48 was deducted from the FASTag affixed on the windshield of the offending vehicle which was connected/registered with mobile No.9983551145 in the name of Ram Swaroop. When Ram Swaroop was questioned by the Investigating Agency, he stated that mobile No.9983551145 is being used by his younger brother Harikishan (petitioner). The petitioner- Harikishan in the information divulged by him under Section 27 of the Indian Evidence Act stated that on the date of the alleged incident, the offending vehicle was being driven by the petitioner- Kalu Mohammad.
Learned counsel submitted that though the petitioners have been implicated in the present case on the basis of the FASTag allegedly affixed on the windshield of the offending vehicle but the Investigating Officer (PW.5) during his Court statements has stated that no such FASTag was recovered by him. Further, there is nothing (Downloaded on 06/02/2025 at 09:52:22 PM) [2025:RJ-JD:7202] (3 of 5) [CRLMB-13175/2024] on record to establish that any FASTag was connected/registered with the mobile phone allegedly used by the petitioner. Learned counsel submitted that the statements of the Investigating Officer are sufficient to show that the petitioners have been made accused in the present case solely on the basis of conjunctures and surmises without there being any direct/corroboratory evidence available against them on record.
Lastly, learned counsel for the petitioners submitted that the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.
Per contra, learned Public Prosecutor has vehemently opposed the bail applications.
The relevant portion of the cross examination of the Investigating Officer (PW.5) is reproduced below for ready reference:-
";g dguk lgh gS fd vkjts 14 thth 9701 izgykn dqEgkj iq= Jh ukjk;.k] t;x.ks"k uxj t;iqj fuoklh ds uke ij ntZ gksus dh tkudkjh eq>s izn"kZih 10 ds tfj, gqbZ FkhA ;g dguk lgh gS fd izn"kizh 10 ds tfj, mDr okgu vkjts 14 thth 9701 dh okgu Lokeh dh tkudkjh gks tkus ds i"pkr eSus okgu Lokeh ls dksbZ vuqla/kku ugha fd;k Fkk rFkk u gh okgu ds nLrkost izkIr fd;s FksA ;g dguk lgh gS fd vkjts 14 thth 9701 ds jft- uEcj dh tkudkjh izkIr djus ckcr vkjVhvks txriqjk dks Hkh rgjhj ugha nhA ;g dguk lgh gS fd izn"kZih 56 esa vafdr eksckbZy uEcj 9983551145 o QkLVSx vkbZMh 34161FA8203288ACOEDF7DA0 ,oa okysV vkbZMh 19000012492420 dh tkudkjh eq>s fnukad 20-03-2023 o blls iwoZ fdl izdkj gqbZ ,slh dksbZ lk{; U;k;ky; i=koyh esa ugha gSA vt[kqn dgk fd eq>s Fkkus dh esy ls izkIr gqbZ FkhA ;g dguk lgh gS fd mDr Fkkuk lqHkk'kuxj dk esy i=koyh ij ugha gSA ;g dguk xyr gS fd okgu uEcj vkjts 14 thth9701 ij yxk QkLVSx vkbZMh 34161FA8203288ACOEDF7DA0 dk mi;ksx miHkksx okgu dk ekfyd izgykn dqEgkj djrk gksA ;g dguk lgh gS fd izn"kZih 56 esa vafdr (Downloaded on 06/02/2025 at 09:52:22 PM) [2025:RJ-JD:7202] (4 of 5) [CRLMB-13175/2024] eksckbZy u 9983551145 jkeLo:i xqtZj ds uke ls gks bl laca/k esa dksbZ lhMhvkj] dsQs vkbZMh e; 65ch izek.k i= i=koyh ij ugha gSA vt[kqn dgk fd tfj, bZ&esy bldh lhMhvkj] dsQs vkbZMh eaxokbZ FkhA ;g dguk lgh gS fd Fkkus dk esy U;k;ky; i=koyh esa ugha gSA ;g dguk lgh gS fd eqfYte gfjfd"ku dh fxjQrkjh ls iwoZ tIr"kqnk fidvi ckanuokMk] ykfc;k] [ksMh Vksy ls xqtjh gks rFkk mlesa QkLVSx vkbZMh eksckbZy u- 9983551145 dh yxh gks bl lca/k esa vuqla/kku fd;k x;k gks ,slh dksbZ lk{; i=koyh ij ugha gSA vt[kqn dgk fd fofHkUu Vksy Iyktksa ls lqpuk izkIr tfj, esy dh FkhA ;g dguk lgh gS fd mDr esy dks eSus i=koyh esa vuqla/kku dk fgLlk ugh j[kkA"
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the contraband has not been recovered from the conscious possession of the petitioners; though the petitioners have been implicated in the present case on the basis of the FASTag affixed on the offending vehicle and the mobile phone connected/registered with it but in view of the statements of the Investigating Officer (PW.5) no corroboratory evidence in this regard has been procured/made part of the record by the Investigating Agency. This Court also prima facie fidns that the petitioners do not have any criminal antecedents. The twin conditions enumerated under Section 37 of the NDPS Act are duly satisfied in the present case. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, these second bail applications under Section 483 BNSS (439 Cr.P.C.) are allowed. It is ordered that the accused- petitioners (1) Hari Kishan S/o Ram Karan Gurjar and (2) Kalu Mohammad S/o Fatu Khan arrested in connection with F.I.R. No.27/2023 registered at Police Station Pur, Dist. Bhilwara, shall be released on bail, if not wanted in any other case, provided (Downloaded on 06/02/2025 at 09:52:22 PM) [2025:RJ-JD:7202] (5 of 5) [CRLMB-13175/2024] each of them 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.
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 253-254 divya/-
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