Single Judge criminal bench allowed bail to the petitioner accused in a narcotics case under Section 439 Cr.P.C., citing lack of substantive evidence against him beyond a co-accuser's disclosure statement.
Petitioner enlarged on bail to furnish a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/009028]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 426/2023
Prahlad Ram S/o Kesharam, Aged About 32 Years, B/c Jat R/o Khariya Tala Ps Shiv Dist. Barmer At Present Residing At Plot No. 84 New Pali Road Near Lahriya Sweets Home Jodhpur Raj. (Presently Lodged At Dist. Jail Chittorgarh)
----Petitioner
| Versus | ||
|---|---|---|
| State Of Rajasthan, | Thro | ugh Pp ----Respondent |
| For Petitioner(s) | : | Mr. B. RayBishnoi |
| For Respondent(s) | : | Mr. S.K. Bhati, PP |
| Present in Person | : | Mr. Madan Lal Khatik, S.I., S.H.O., P.S. Sadar,District Dungarpur. |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
06/04/2023
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.222/2021 registered at Police Station Sadar, Nimbahera, District Chittorgarh for the offence(s) under Sections 8/15, 8/29 of NDPS Act.
Learned counsel for the petitioner submits that recovery was effected from the accused Sohanlal and Chenaram and in their disclosure statements they have not named the present petitioner. The mobile recovered from the alleged vehicle belongs to Chhattaram and Chhattaram has also not disclosed the name of the accused petitioner Prahlad Ram in the alleged offence, there is no direct contact between present petitioner and the main accused Chenaram and Sohanlal. The accused petitioner has falsely been
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implicated in the case and there is no other substantial evidence apart from the disclosure statements of Chhattaram, who in his first statements did not disclose the name of accused petitioner Prahlad Ram, but subsequently in his second statements disclosed the name of Prahlad Ram. The accused petitioner is in judicial custody from 19.01.2022. Therefore, the benefit of grant of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor and Investigating Officer opposes the grant of bail application. They also state that there is a connectivity between Chhattaram and Prahlad Ram and Chhattaram in his disclosure statements has named the accused petitioner in the alleged crime. They fairly concedes that there is no direct connectivity from the mobile number of the accused Sohanlal and Chenaram with the petitioner. Learned Public Prosecutor also states that looking to the rider of Section 37 of the NDPS Act, his bail application may be dismissed.
Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case and considering the fact that recovery was effected from the main accused Chenaram and Sohanlal and later on accused Chhattaram has named petitioner in his disclosure statements, apart from the disclosure statements of Chhattaram there is no other substantive evidence available on record against the accused petitioner in the alleged crime, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Prahlad Ram S/o Kesharam in connection with FIR No.222/2021 registered at
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Police Station Sadar, Nimbahera, District Chittorgarh shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
57-Suraj/-
2 issues framed by the court
Whether bail should be granted to the accused-petitioner implicated in offences under the NDPS Act.
Whether the lack of direct evidence and reliance solely on the disclosure statement of a co-accuser warrants bail.
3 provisions across 2 enactments
Prahlad Ram
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
