Allowed

Gopi Lal v. State of Rajasthan

Rajasthan HC15 May 2023CRLMB/1117/2023

Case brief

AI extract

What is this about?

Granted bail to Gopi Lal S/o Nand Lal Meena arrested under NDPS Act for possession of opium. Court held that Section 37 NDPS Act rigors were not attracted and petitioner deserves bail despite reliance on co-accused testimony.

What did the court decide?

Allowed bail application; ordered release of petitioner upon furnishing personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Gopi Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

¶1

[2023/RJJD/015319]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 1117/2023

¶4

Gopi Lal S/o Nand Lal Meena, aged about 40 Years, R/o Arnoda, Police Station Sadar Nimbahera, District Chittorgarh. (At present lodged at District Jail, Chittorgarh).

¶5

----Petitioner

¶6

Versus

¶7

State of Rajasthan, through P.P.

¶8

----Respondent

¶9

For Petitioner(s)	: Mr.R.K.Charan.
For Respondent(s)	: Mr.Shiv Kumar Bhati, P.P. with
	Mr.Nenu Lal Gehlot, S.I., P.S. Sadar
	Nimbahera,District Chittorgarh.

¶10

HON'BLE MR. JUSTICE KULDEEP MATHUR

¶11

ORDER

¶12

15/05/2023

¶13

This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.72/2022, registered at Police Station Sadar Nimbahera, District Chittorgarh for the offence punishable under Sections 8/18A and 29 of the NDPS Act.

¶14

Learned counsel for the petitioner submitted that on 7.2.2022, the police during routine round of the city, reached near Gambhiri Dham and intercepted one motorcycle. The rider of the motorcycle disclosed his name as Jairam while the pillion rider disclosed his name as Kheta Ram. During search of the motorcycle, 6 kg and 200 gms opium was recovered.

¶15

Learned counsel submitted that only significant evidence available against the petitioner in the present case is the statements of co-accused Jairam. Drawing attention of the court

[2023/RJJD/015319]

[CRLMB-1117/2023]

(2 of 4)

towards the disclosure statements of the co-accused Jairam and Kheta Ram under Section 27 of the Indian Evidence Act, learned counsel submitted that in the aforesaid information provided them, it has been disclosed that they procured the contraband (opium) from present petitioner.

¶20

Learned counsel submitted that the investigating agency after making thorough investigation has filed a charge-sheet against the petitioner before competent criminal court on 28.12.2022. Drawing attention of the Court towards the chargesheet, learned counsel submitted that as per prosecution, coaccused Jairam through his mobile No.8690038357 and 9571465911 was in regular contact with present petitioner on his mobile Nos. 7891841353, 7340650096. Learned counsel submitted that call details to connect the co-accused and the present petitioner have also been placed on record.

¶21

Learned counsel vehemently submitted that call details of telephonic conversations between the present petitioner and coaccused on his mobile phone No.7891841353 have been obtained, however neither the SIM of the aforesaid mobile has been issued in the name of present petitioner nor any information that he used aforesaid number (7891841353) is available on record. Learned counsel submitted that the CAF ID pertaining to aforesaid number has also not been procured from the mobile company.

¶22

Learned counsel submitted that there is not an iota of evidence on record of the case so as to connect the petitioner with the alleged crime. Learned counsel submitted that in absence of any evidence available on record showing usage of mobile No.

[2023/RJJD/015319]

[CRLMB-1117/2023]

(3 of 4)

7891841353 by the present petitioner, he cannot be connected with the alleged crime. Learned counsel urges that the petitioner who is in custody deserves indulgence of bail during pendency of trial.

¶27

Per contra, learned Public Prosecutor present before this Court alongwith Mr.Naru Lal Gehlot, S.I., P.S. Sadar Nimbahera, District Chittorgarh has opposed the bail application. However, he was not prima-facie able to show any connection of the petitioner in the present case. He was also not in a position to show that the SIM of mobile No. 7891841353 was issued in the name of the petitioner or the same was used by the petitioner.

¶28

Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.

¶29

Having considered the submissions advanced at the bar and having gone through the facts and circumstances of the case, this Court is of the opinion that the rigors contained in Section 37 of the NDPS Act are not attracted in the present case and without commending on merits/demerits of the case, the petitioner deserves to be enlarged on bail.

¶30

Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner - Gopi Lal S/o Nand Lal Meena arrested in connection with F.I.R. No.72/2022, registered at Police Station Sadar Nimbahera, 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/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every

(4 of 4)

[2023/RJJD/015319]

[CRLMB-1117/2023]

date of hearing and whenever called upon to do so till completion of the trial.

¶35

(KULDEEP MATHUR),J

¶36

/tarun goyal/ Sr.No.26

Gopi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gopi Lal v. State of Rajasthan

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

Mohit Nagpal Vs State of Rajasthan

Sumera Ram Vs State of Rajasthan

Pappa Ram Vs Union of India through Ncb

Prakash Vs State of Rajasthan

Kanti Lal Vs State of Rajasthan

Surendra Singh Vs State of Rajasthan