The High Court of Rajasthan at Jodhpur allowed bail to the petitioner accused of offences under the NDPS Act. The court found no material indicating direct involvement and noted the contraband was not recovered from the petitioner's possession.
Petitioner released on bail on furnishing a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4938/2023
Mangi Lal S/o Durga Ram Bishnoi, Aged About 60 Years, R/o Khokhariyo Ki Dhani, Kaparda, District Jodhpur. (At Present Lodged In District Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kailash Khilery For Respondent(s) : Mr. SK Bhati, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
06/10/2023
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. 15/2004 registered at Police Station Chanderiya District Chittorgarh for the offences under Sections 8/15 of the NDPS Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the contraband was not recovered from the conscious and exclusive possession of the present petitioner. Learned counsel further submitted that the petiitoner has been implicated in the present case solely on the basis of the statement of the Co accused Prabhuram recorded under Section 27 of the Indian Evidence Act. He further submitted that apart form the statement of the co
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accused, there is no other evidence direct or corroboratory available on record indicating his involvement in the commission of alleged crime. Lastly, learned counsel has submitted that the petitioner is 64 years old and is in judicial custody since 09.1.2023. On these grounds, he implored the court to enlarge the petitioner on bail.
Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that looking to the serious accusation of the petitioner, he does not deserve to be enlarged on bail.
Having considered the rival submissions, facts and circumstances of the case, after perusing the challan, this Court prima facie does not find nay material available indicating involvement of the present petitioner in alleged commission of crime and the contraband was not recovered form the conscious possession of the present petitioner, this Court without expressing any opinion on merits/demerits of the case deems it just and proper to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner – Mangi Lal S/o Durga Ram Bishnoi arrested in connection with F.I.R. No. 15/2004 registered at Police Station Chanderiya 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
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date of hearing and whenever called upon to do so till completion
of the trial.
(KULDEEP MATHUR),J
ns. 499-1/-
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. given the lack of contraband in his possession and sole reliance on co-accused statement.
Whether the petitioner's age and prolonged judicial custody warrant enlargement on bail.
3 provisions across 3 enactments
Mangi Lal S/o Durga Ram Bishnoi
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
