This order grants bail to two petitioners charged under the NDPS Act. The High Court held that without any evidence other than the statement of a co-accused, it is just and proper to release the accused on bail pending trial.
Release on bail to Vikrant Gupta and Rakesh Kumar on execution of personal bond with sureties.
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/007497]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7718/2022
Vikrant Gupta S/o Sh. Balkishan Gupta, Aged About 32 Years, R/ o 6-D-126 Jai Narayan Vyas Colony Bikaner Tehsil And Dist. Bikaner Raj. (Presently Lodged At Sub Jail Raisinghnagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 8215/2022 Rakesh Kumar S/o Indraj, Aged About 37 Years, 84 R.b., P.s. Raisinghnagar, Dist. Sriganganagar. (At Present Lodged At Sub Jail, Raisinghnagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. |
Kaushal Gautam |
|---|---|---|
| Mr. | Anurag Bhati | |
| Mr. | Lokesh Pathak | |
| Mr. Mr. |
Vaibhav Vijayvargiya Joginder Bharti |
|
| Mr. | Harsh Arora | |
| Mr. | K.L.Vishnoi | |
| For Respondent(s) | : Mr. |
Shiv Kumar Bhati,P.P. |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
27/03/2023
Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
The petitioners have been arrested in FIR No.20/2020 of Police Station Raisinghnagar, District Sriganganagar for the
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offences punishable under Sections 8/21, 22 & 29 of the NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that petitioners - Vikrant Gupta and Rakesh Kumar have been charge-sheeted for the offences punishable under Sections 8/21, 22 & 29 of the NDPS Act and main accused Pawan Kumar has been charge-sheeted for the offences punishable under Sections 8/21 and 22 of the NDPS Act. It is alleged against Pawan Kumar that from his possession commercial quantity and various drugs were recovered. It is also submitted that there is no evidence regarding complicity of the petitioners -Vikrant Gupta and Rakesh Kumar in the said matter and they have been implicated merely on the information furnished under Section 27 of the Indian Evidence Act by the accused Pawan Kumar, wherein he has stated that recovered drugs were sold by accused Vikrant Gupta and apart from that information, there is no evidence that petitioner supplied the aforesaid drugs to the main accused Pawan Kumar. It is further submitted that in the charge-sheet also, it is mentioned that Sanjay supplied the drugs to Pawan Kumar at the instance of Rakesh Kumar, who is owner of Vinayaka Medical Store; there is no evidence collected during the investigation that accused Vikrant Gupta provided drugs to accused Pawan Kumar. The accused petitioners are in judicial custody from their arrest and trial of the case will take considerable long time to conclude, therefore, their bail appreciations may be allowed.
Learned Public Prosecutor has opposed the bail applications. He concedes that apart from the statements of co-accused Pawan
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Kumar, there is no evidence indicating the connivance of accusedpetitioners.
Having regard to the totality of the facts and circumstances of the case and particularly to the fact that apart from the statements of co-accused Pawan Kumar, there is no cogent evidence against accused petitioners regarding their involvement in the commission of crime, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Vikrant Gupta S/o Sh. Balkishan Gupta and Rakesh Kumar S/o Indraj shall be released on bail in connection with FIR No.20/2020 of Police Station Raisinghnagar, District Sriganganagar provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(PRAVEER BHATNAGAR),J
29-Taruna/-
1 issue framed by the court
Whether bail should be granted to the petitioners charged under the NDPS Act where there is no cogent evidence apart from the statement of a co-accused.
1 provisions across 1 enactments
Vikrant Gupta
Rakesh Kumar
State Of Rajasthan
Praveer Bhatnagar
As recorded by the court registry
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