Allowed

Kailash v. State of Rajasthan

Rajasthan HC2 Feb 2021CRLMB/1314/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed a second bail application under Section 439 Cr.P.C. for an accused facing charges under the NDPS Act. The court found that the investigation officer had failed to collect significant incriminating material beyond the accused's confession during cross-examination, leading the court to grant bail.

What did the court decide?

Released on bail by furnishing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Kailash Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous II Bail Application No. 1314/2021

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Kailash S/o Sh. Jagannath Ji, Aged About 40 Years, R/o Narayani, Ps Choti Sadar, Dist. Pratapgarh (At Present Lodged In District Jail, Pratapgarh).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. R.C. Purohit. For Respondent(s) : Mr. A.R. Choudhary, P.P.

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HON'BLE MR. JUSTICE ARUN BHANSALI Order

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02/02/2021

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Heard learned counsel for the parties.

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The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant, who is in custody in connection with FIR No.228/2019, Police Station Choti Sadri District Pratapgarh, for the offences under Sections 8 & 29 of the NDPS Act.

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The first bail application was rejected while giving liberty to the applicant to approach the Court after statement of Investigating Officer is recorded.

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It is submitted by learned counsel for the applicant that the statements of PW1 – Gehrilal, the Investigating Officer have been recorded and the Investigating Officer has clearly indicated in his cross-examination that he has not collected call details qua the applicant and the principal accused and except for the confession made by Kailash before the Police, no other evidence against him was available.

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(2 of 2)

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[CRLMB-1314/2021]

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It is submitted that in view of the statements of the Investigating Officer, it is apparent that the applicant has been implicated without any basis and that, the trial is likely to take a long time and the applicant is entitled to be released on bail.

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Learned Public Prosecutor opposed the bail application, however, conceded that except for the above statements of the Investigating Officer in the cross-examination there no other incrimating material against the applicant has come on record.

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I have considered the submissions made by learned counsel for the parties and perused the material available on record including the statements of the Investigating Officer.

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In the circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the opinion that the second bail application filed by the applicant deserves to be accepted.

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Consequently, the second bail application is allowed. It is ordered that the accused-applicant – Kailash S/o Sh. Jagannath Ji , arrested in connection with FIR No.228/2019, Police Station Choti Sadri District Pratapgarh, shall be released on bail; provided he furnish a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ARUN BHANSALI),J

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133-pradeep/-

Kailash v. State of Rajasthan

Case brief

What is this about?

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Kailash v. State of Rajasthan

Case brief

What is this about?

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