Allowed

Rajesh Arora Alias Raja v. State of Uttarakhand

Uttarakhand HC14 Jun 2022BA1/317/2022

Case brief

AI extract

What is this about?

Single judge allowed the bail application of an accused framed under the NDPS Act. The court noted that since there was no evidence apart from the co-accused's statement, prima facie no linked evidence existed to convict the applicant. As a settled legal principle, conviction on co-accused's statement alone barring corroborative evidence, this was held to be a fit case for bail.

What did the court decide?

Bail allowed; applicant directed to release on personal bond and two sureties of equal amount.

SL.
No

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

BA1 No.317 of 2022
Hon’ble R.C. Khulbe, J.
Mr. Lalit Sharma, learned counsel for the
applicant.
Mr. Pankaj Joshi, learned Brief Holder for
the State.

Accused–Rajesh
Arora@Raja
Jhinga
has
sought his release on bail in connection with Case
Crime/FIR No.129 of 2021, u/s 8/21/22/60 of the
NDPS Act, registered at P.S. Rudrapur, Distt. Udham
Singh Nagar.
It is argued by learned counsel that the accused
has been falsely implicated; he is languishing in jail
since 30.11.2021; he has been booked simply on the
basis of statement of co-accused Abdul Khalid; it is
also submitted that although there are three criminal
cases pending against the accused but he is on bail in
two of the criminal cases, while the third bail
application, in which 10 gram smack was recovered,
is before another Bench; he is ready to furnish the
sureties; and he may be granted bail.
Learned counsel for the State opposed for bail.
In the present matter, co-accused Abdul Khalid

was
arrested
on
28.02.2021
by
the
police;
accordingly,
some
contraband
injections
were
recovered from his possession; his statement was
recorded during the investigation; he also disclosed
the name of present accused.

As regard to the evidence against the present
applicant is concerned, there is no other evidence
except a confessional statement of the co-accused;
there is no evidence regarding transactions of money
between the two; it is settled principle of law that a person cannot be convicted simply on the basis of the statement of co-accused; there must be some linked
evidence to convict a person, while in the present
matter, prima facie there is no other linked evidence;
there is no prima facie evidence on record that the
contraband articles were given by the present accused
to the co-accused Abdul Khalid or present accused
was actively involved in commission of crime with
the co-accused; there is only prima facie evidence that
the present accused made a call to the co-accused
Abdul Khali; accordingly, without going into merits
of the case, it is a fit case for bail at this stage.
The bail application is thus, allowed and the
applicant is directed to be released on bail on his
executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of
the Court concerned Pending application, if any, stands disposed
of.
(R.C. Khulbe, J.) 14.06.2022 R.Bisht

As regard to the evidence against the present

applicant is concerned, there is no other evidence

except a confessional statement of the co-accused;

there is no evidence regarding transactions of money

between the two; it is settled principle of law that a
person cannot be convicted simply on the basis of the
statement of co-accused; there must be some linked

evidence to convict a person, while in the present

matter, prima facie there is no other linked evidence;

there is no prima facie evidence on record that the

contraband articles were given by the present accused

to the co-accused Abdul Khalid or present accused

was actively involved in commission of crime with

the co-accused; there is only prima facie evidence that

the present accused made a call to the co-accused

Abdul Khali; accordingly, without going into merits

of the case, it is a fit case for bail at this stage.

The bail application is thus, allowed and the

applicant is directed to be released on bail on his

executing a personal bond and furnishing two reliable
sureties, each of the like amount, to the satisfaction of

the Court concerned
Pending application, if any, stands disposed

of.

(R.C. Khulbe, J.)
14.06.2022
R.Bisht

Rajesh Arora Alias Raja v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Rajesh Arora Alias Raja v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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