In a bail application filed under Section 439 Cr.P.C. concerning an NDPS offence, the High Court observed the absence of direct or corroboratory evidence connecting the petitioner to the crime and allowed bail.
Bail granted subject to execution of a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- 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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 993/2023
Hapu Ram S/o Shri Bhagwana Ram, Aged About 34 Years, R/o Khara Karda Ps Dist. Jalore (Confined In Sub Jail Bhinmal)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. VijayRajBishnoi |
|---|---|
| For Respondent(s) | : Mr. Shrawan Kumar, PP assisted by |
| Ms. Kamla Goswami |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
03/05/2023
This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.65/2021 Police Station Karda, District Jalore, for the offences under Sections 8/22 and 8/29 of NDPS Act.
Heard learned counsel for the petitioner, learned Public Prosecutor and as also perused the material available on record. Learned counsel for the petitioner submitted that SHO, Karda, District Jalore, on 07.08.2021, in furtherance of secret information, searched house of co-accused-Jasa Ram and recovered one weapon along with 4.650 Kg opium milk and 380 grams MD (molly). A sum of Rs.37,16,210/- was also recovered from the house of the co-accused-Jasa Ram. Learned counsel submitted that co-accused-Jasa Ram in his information under Section 27 of the Indian Evidence Act has named co-accusedGoda Ram. During further investigation, co-accused-Goda Ram
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was arrested and he in his statement recorded under Section 27 of the Indian Evidence Act named present petitioner Hapu Ram. Learned counsel vehemently submitted that the present petitioner has been arrested on 22.05.2023, almost after one year of the incident. Learned counsel submitted that there is no evidence either direct or corroboratory in form of mobile phones, call details, whatsapp calls, whatsapp chats etc. available on record to connect the petitioner with the alleged offence. Learned counsel submitted that the only evidence available on record against him is the information supplied by co-accused-Goda Ram under Section 27 of the Indian Evidence Act. Learned counsel submitted that the petitioner has been falsely implicated in the present case and therefore, he deserves to be enlarged on bail.
Per contra, learned Public Prosecutor opposed the bail application. However, he was not in a position to show any direct or corroboratory evidence available on record to connect the present petitioner with the alleged crime or with co-accused-Goda Ram.
Having regard to the facts and circumstances of the case and after going through the challan papers and keeping in view of the fact that there is no evidence either direct or corroboratory available on record connecting the present petitioner with the alleged offence, and the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner- Hapu Ram S/o Shri Bhagwana Ram , arrested in connection with FIR No.65/2021 Police Station Karda, District Jalore, shall be released
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on bail; provided he executes a personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so
(KULDEEP MATHUR),J
100-KshamaD/-
2 issues framed by the court
Whether to grant bail to the petitioner accused of drug offences under NDPS Act given lack of direct evidence.
Whether the petitioner should be released on bail pending trial in the said proceedings.
3 provisions across 2 enactments
Hapu Ram S/o Shri Bhagwana Ram
State Of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
