Allowed

Suresh Chandra v. State of Rajasthan

Rajasthan HC20 Oct 2023CRLMB/4712/2023

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan allowed the bail application of a petitioner accused under the NDPS Act. The court noted the absence of corroborative evidence and contraband recovered from the petitioner's possession, satisfying Section 37 conditions, and ordered release on personal bond with sureties.

What did the court decide?

Petitioner released on bail on personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Suresh Chandra Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:36196]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 4712/2023

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Suresh Chandra S/o Bhagwan Lal, Aged About 35 Years, R/o Relmagra Ps Relmagra Dist. Rajsamand Raj. (At Present Lodged In Dist. Jail Rajsamand)

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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. Divakar Sharma
For Respondent(s)	: Mr. Arun Kumar,P.P.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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20/10/2023

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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.102/2022, registered at Police Station Charbhuja, District Rajsamand, for offences under Sections 8/15 & 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 submitted that the contraband greater than the commercial quantity was recovered from the conscious possession of co-accused Raju Mali and Banshi Banjara. Learned counsel further submitted that disclosure statements of co-accused Raju Mali and Banshi Banjara was recorded under Section 27 of the Indian Evidence Act wherein they have stated that they had received the contraband from coaccused Kishan. It was submitted that when Kishan was

[2023:RJ-JD:36196]

[CRLMB-4712/2023]

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apprehended by Investigating Agency, he stated in his disclosure statement that he had procured the contraband from the present petitioner. Learned counsel submitted that apart from the disclosure statement of co-accused Kishan, there is no other direct or corroboratory evidence in the form of mobile calls/ Whatsapp calls/ Whatsapp chats is available on record indicating involvement of the petitioner in the commission of alleged crime. He further submitted that in view of the fact that the contraband was not recovered from the conscious possession of the present petitioner; challan has already been filed against him, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period. It was submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accusedpetitioner.

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Learned Public Prosecutor has opposed the bail application and submitted that looking to the seriousness of the accusation against him, he does not deserve to be enlarged on bail.

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Having considered the rival submissions, facts and circumstances of the case, so also the fact that the contraband was not recovered from the conscious possession of the present petitioner; the petitioner has been implicated in the present case solely on the basis of disclosure statement of co-accused Kishan; there is no corroboratory evidence available on record indicating involvement of the present petitioner in the commission of alleged crime. In view of the aforesaid, this Court is of the view that twin conditions contained in Section 37 of the NDPS Act are duly satisfied in the present case, without expressing any opinion on

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merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

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Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Suresh Chandra S/o Bhagwan Lal arrested in connection with F.I.R. No.102/2022, registered at Police Station Charbhuja, District Rajsamand, 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 date of hearing and whenever called upon to do so till completion of the trial.

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(KULDEEP MATHUR),J

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21-Samvedana/-

Suresh Chandra v. State of Rajasthan

Case brief

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Suresh Chandra v. State of Rajasthan

Case brief

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