Allowed

Bhawani Singh v. State

Rajasthan HC7 Dec 2020CRLMB/11270/2020

Case brief

AI extract

What is this about?

This Court allowed a bail application filed by Bharani Singh, arrested in connection with an FIR under the NDPS Act. The Court found the prosecution story lacking confidence as the petitioner's link was tenuous and no contraband was recovered from his attributed vehicle. Bail was granted subject to a personal bond.

What did the court decide?

Released on bail in sum of Rs 50,000 with two sureties of Rs 25,000 each to appear till trial completion.

Bhawani Singh Vs State — Narcotics (NDPS) | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Miscellaneous Bail Application No. 11270/2020

¶3

Bhawani Singh S/o Shri Tej Singh, Aged About 23 Years, r/o Kesumbala Bhatiyan, Gida Police Station, District Barmer. (Lodged In District Jail Nagaur).

----Petitioner

Versus

State, Through P.p.

	----Respondent
For Petitioner(s)	: Mr. Bhagirath RayBishnoi on VC.
For Respondent(s)	: Mr. Vikram Sharma PP for the State. Mr. Sangram Singh (I.O.), SI, Kotwali, Nagaur, present inperson.

¶8

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶9

Order

¶10

07/12/2020

¶11

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

¶12

This Court perused the material available on record.

¶13

The petitioner has been arrested in connection with FIR No.130/2020 of Police Station Nagaur Sadar, District Nagaur for the offences punishable under Sections 8/15, 8/22, 8/25 and 8/29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

¶14

Learned counsel for the petitioner has pointed out that on 22.08.2020, during routine checking, two trucks bearing registration numbers PB 05 W 9687 and RJ 23 GA 5494, were found standing by.

¶15

(2 of 3)

¶16

[CRLMB-11270/2020]

¶17

Learned counsel for the petitioner further submits that when the truck bearing registration No.PB 05 W 9687 was checked, the contraband was found therein, and Tara Singh, the driver of the said truck was immediately detained.

¶18

Learned counsel for the petitioner also submits that another truck bearing registration No. RJ 23 GA 5494, which was standing by, belonged to one Sukhdev Singh, who was not arrested from the spot.

¶19

Learned counsel for the petitioner also submits that except for the statement of main accused Tara Singh, there is no corroborative evidence against the present petitioner.

¶20

Learned Public Prosecutor appearing with the concerned investigating officer opposed the bail application. However, they admit the aforesaid factual matrix that the truck bearing registration No. RJ 23 GA 5494 was attributed to Sukhdev Singh and was not carrying any contraband.

¶21

Learned Public Prosecutor and the concerned investigating officer, when specifically asked by this Court, submitted that only corroborative evidence against the present petitioner is that he repeatedly made calls to Sukhdev Singh, who neither himself was on the truck carrying the contraband, nor was caught on the spot.

¶22

After hearing learned counsel for the parties as well as carefully perusing the record of the case, the story of the prosecution does not induce confidence of this Court, as the petitioner’s corroborative link with main accused Tara Singh is merely through Sukhdev Singh, who was not caught on the spot

¶23

(3 of 3)

¶24

[CRLMB-11270/2020]

¶25

and has been attributed to be having the truck bearing registration No.RJ 23 GA 5494, from which no contraband was recovered.

¶26

Thus, having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time, but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

¶27

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Bhawani Singh S/o Shri Tej Singh shall be released on bail in connection with FIR No.130/2020 of Police Station Nagaur Sadar, District Nagaur 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.

¶28

(DR. PUSHPENDRA SINGH BHATI),J.

¶29

33-SKant/-

Bhawani Singh v. State

Case brief

What is this about?

What did the court decide?

Bhawani Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravi Gehlot Vs State of Rajasthan

Sawa Vs State of Rajasthan

Salim Khan Vs State

Dipesh @ Deepu Vs State

Jitendra Kumar @ Kala Vs State of Rajasthan

Indra Vs State of Rajasthan