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2019 DIGILAW 383 (RAJ)

Kailash v. State of Rajasthan, Through PP, Jaipur

2019-02-01

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 FIR No. 145/2018 of Police Station Bilara, District Jodhpur for the offences punishable under Sections 8/15 & 29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case. It is argued that as per prosecution story, two persons namely- Ashok and Suresh were apprehended by Police on 02.06.2018 while transporting 99.90 kgs of Poppy Straw in six bags in a Swift car No. RJ19-CF-9529. It is submitted that at the spot, Police prepared seizure memo of the narcotic contraband, in which it is mentioned that both the co-accused persons- Ashok and Suresh Vishnoi informed that the said narcotic contraband is to be supplied to one Shera Ram Vishnoi, Sarpanch. It is submitted that later on, on 08.06.2018 an information under sec. 27 of the Indian Evidence Act was obtained from the co- accused persons Ashok and Suresh, in which it has been mentioned that both co-accused persons have informed that said narcotic contraband is to be supplied to the petitioner. 4. Learned counsel for the petitioner submitted that the petitioner has been wrongly implicated on the basis of false information obtained from co-accused persons. It is argued that on 02.06.2018 the co-accused persons Ashok and Suresh had specifically informed that the said narcotic contraband is to be supplied to one Shera Ram Vishnoi then there was no occasion for the Police to again obtain information from the co-accused persons under section 27 of the Indian Evidence Act on 08.06.2018, indicating involvement of the petitioner in alleged commission of said crime. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated by the Police while excluding alleged person Shera Ram Vishnoi. It is also submitted that after rejection of first Bail Application of the petitioner, charge-sheet has already been filed and trial of the case will take time. 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. 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 Section 439 Cr.P.C. is allowed and it is directed that petitioner - Kailash son of Jeta Ram Vishnoi shall be released on bail in connection with FIR No. 145/2018 of Police Station Bilara, District Jodhpur provided he executes a personal bond in the 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.