Allowed

Manoj @ Vinod v. State of Rajasthan

Rajasthan HC24 Aug 2021CRLMB/6249/2021

Case brief

AI extract

What is this about?

Bail application filed under Section 439 Cr.P.C. in a narcotics case. The court observed the petitioner was implicated primarily on the basis of a call detail report for which no Section 65-B certificate was obtained, citing Anvar P.V., and allowed the bail application.

What did the court decide?

Petitioner granted bail furnished by personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Manoj @ Vinod Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 6249/2021

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Manoj @ Vinod S/o Magni Ram Jat, Aged About 35 Years, Manakpura, P.s. Vijaypur, Dist. Chittorgarh (Raj.). (At Present Lodged In District Jail, Chittorgarh).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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For Petitioner(s)	----Respondent : Mr. B.R. Bishnoi
For Respondent(s)	: Mr. Mukhtiyaar Khan,P.P.

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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24/08/2021

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The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.37/2020, Police Station Bassi, District Chittorgarh, registered for the offence under Sections 8/18 & 8/29 of the NDPS act.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the petitioner stated that as per prosecution, 6 kgs 600 grams opium was recovered from the possession of co-accused Prakash Jat; accused-petitioner has been implicated in this case only on the basis of statement of coaccused. With these submissions, learned counsel for the

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(2 of 3)

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[CRLMB-6249/2021]

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petitioner prayed that benefit of bail may be granted to the accused-petitioner.

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On the contrary, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that in compliance of order dated 16.08.2021, copy of call detail report has been supplied to learned counsel for the petitioner which shows that accused-petitioner was in regular contact with the co-accused.

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In reply, learned counsel for the petitioner stated that although copy of call detail report has been supplied but to prove call detail report, certificate required under Section 65B of the Evidence Act was not obtained by I.O., which is clear cut violation of legal provision. In support of his contention, learned counsel has relied upon the judgment of Supreme Court in the case of Anvar P.V. vs. P.K. Basheer : AIR 2015 SC 180.

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Having regard to the facts and circumstances of the case and particularly to the fact that accused-petitioner has been implicated in this case only on the basis of call detail report with other coaccused and to prove above call detail report, certificate required under Section 65B of the Evidence Act was not obtained by the I.O. therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

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Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Manoj @ Vinod S/o Magni Ram Jat, arrested in connection with F.I.R. No.37/2020, Police Station

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(3 of 3)

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[CRLMB-6249/2021]

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Bassi, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lakh) and two sureties of Rs.50,000/(Rupees Fifty Thousand) each to the satisfaction of the 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.

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(DEVENDRA KACHHAWAHA),J

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7-Bharti/-

Manoj @ Vinod v. State of Rajasthan

Case brief

What is this about?

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Manoj @ Vinod v. State of Rajasthan

Case brief

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