Allowed

Heera Ram v. State of Rajasthan

Rajasthan HC3 Nov 2023CRLMB/8103/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a bail application under Section 439 Cr.P.C. for an accused charged with narcotics offences. The court granted bail noting the absence of direct evidence and the fact that contraband was recovered only from a co-accused, directing the petitioner to furnish a personal bond and two sureties.

What did the court decide?

Released on bail with personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each.

Heera Ram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:37672]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 8103/2023

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Heera Ram S/o Khinya Ram, Aged About 30 Years, R/o Katwari, Sinli Jagir, Dist. Barmer, Rajasthan.(At Present Lodged In Jail Balotra)

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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. Naman Mohnot For Respondent(s) : Mr. S.K. Bhati, PP

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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03/11/2023

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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.105/2023 registered at Police Station Sivana, District Barmer, for offence under Section 8/29 of the N.D.P.S. 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 contraband (Poppy Husk/ Straw) weighing 363.50 Kgs. was recovered from the conscious possession of co-accused Khiyaram. Learned counsel submitted that co-accused Khiyaram in his disclosure statements recorded under Section 27 of the Indian Evidence Act stated that certain part of the contraband had been sold by him to

[CRLMB-8103/2023]

[2023:RJ-JD:37672]

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the present petitioner. Learned counsel submitted that apart from the statements of co-accused Khiyaram, there is no direct/corroboratory evidence available on record indicating involvement of the petitioner in the commission of alleged crime. Learned counsel submitted that in view of the fact that contraband was not recovered from the conscious possession of the present petitioner; the petitioner is in judicial custody; challan against the petitioner has already been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

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Learned Public Prosecutor has vehemently opposed the bail application.

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Having considered the rival submissions, facts and circumstances of the case, and after perusing challan paper, this Court finds that apart from the disclosure statements of coaccused Khiyaram; from whose conscious possession commercial quantity greater than contraband was recovered; there is no other direct evidence available on record indicating his involvement in commission of alleged crime, without expressing any opinion on 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 Heera Ram S/o Khinya Ram arrested in connection with F.I.R. No.105/2023 registered at Police Station Sivana, District Barmer, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of

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(3 of 3) [CRLMB-8103/2023]

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[2023:RJ-JD:37672]

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Rs.25,000/- 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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532-suraj/divya-

Heera Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Heera Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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