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Rajasthan High Court · body

2019 DIGILAW 1032 (RAJ)

Yashwant Singh v. State, Through PP

2019-04-04

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in connection with FIR No. 42/2016 of Police Station Arnod, District Pratapgarh for the offences punishable under Sections 8/15 and 29 of NDPS. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that there is no evidence available on record to suggest that the petitioner is connected with commission of crime in any manner. Learned counsel for the petitioner has submitted that now the statement of Mangi Lal, Investigating Officer, who investigated the role of the petitioner, has been recorded before the trial court as PW-2, and in his cross-examination, he has specifically admitted that except the information given by the co-accused Lal Singh under Section 27 of the Indian Evidence Act while in police custody, no other direct or indirect evidence is available against the petitioner. Learned counsel for the petitioner has submitted that it is settled law that the information given by any accused in police custody is not admissible. Learned counsel for the petitioner has prayed that the petitioner may kindly be enlarged on bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 6. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Yashwant Singh S/o Karu Singh shall be released on bail in connection with FIR No. 42/2016 of Police Station Arnod, District Pratapgarh provided he 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 his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.