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2019 DIGILAW 1553 (RAJ)

Surendra Singh @ Binnu Singh v. State of Rajasthan

2019-05-17

VIJAY BISHNOI

body2019
JUDGMENT : VIJAY BISHNOI, J. 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 FIR No. 136/2018 of Police Station Parsoli, District Chittorgarh for the offences punishable under Sections 8/15 and 29 of NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that as per the prosecution story, two persons viz. Mehboob and Raju were apprehended by the police while transporting huge quantity of poppy straw in a truck being No. MP-09-HC-7821 on 12.09.2018. It is alleged that Mehboob and Raju disclosed that the said narcotic contraband was procured by them from the petitioner. Learned counsel for the petitioner has submitted that except the said information given by those co-accused persons viz. Mehboob and Raju no other evidence is available on record to connect the petitioner with commission of crime. Learned counsel for the petitioner has further submitted that the evidence of the Investigating Officer PW-2 Virendra has been recorded before the trial court, wherein he has specifically stated that during the course of investigation he was not able to collect any evidence which connects the petitioner directly with the commission of crime. It is also admitted by PW-2 Virendra that in the FIR, arrest memo and parcha bayan name of the petitioner has not been figured. The Investigating Officer also admitted that from the documents seized by the police at the place of incident the connection of the petitioner with the commission of crime is not established. The Investigating Officer has further admitted that during the course of investigation he was not able to collect any evidence regarding the fact that the petitioner had provided narcotic contraband to the co-accused persons viz. Mehboob and Raju or they were in contact with the petitioner in any manner. Learned counsel for the petitioner has submitted that from the statements of Investigating Officer PW-2 Virendra, it is clear that no definite conclusive evidence is available with the prosecution to connect the petitioner with the commission of crime and in the absence of it, it will be very difficult for the prosecution to prove the guilt of the petitioner. 4. Learned Public Prosecutor has opposed the bail application. 5. 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 third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner-Surendra Singh @ Binnu Singh S/o Kushal Singh Sisodiya Rajput shall be released on bail in connection with FIR No. 136/2018 of Police Station Parsoli, District Chittorgarh 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.