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Rajasthan High Court · body

2019 DIGILAW 82 (RAJ)

Sohan Ram Bishnoi v. Union Of India, Through Ncb

2019-01-07

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. VIII (10(7/NCB/JJU/2017) of Police Station N.C.B., Jodhpur for the offences punishable under Sections 8/15, 25 and 29 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that after rejection of first bail application, charge-sheet has been filed by the Narcotic Control Bureau. It is argued that from the charge- sheet, it is clear that the petitioner was not present when 1943.3 kgs poppy straw was recovered from two accused persons namely Om Prakash Bangarwa S/o Shri Bagtaram Bangarwa and Om Prakash S/o Pancha Ram on 2.7.2017 in the jurisdiction of Police Station Dechu and truck No. RJ 07 GA 1062 was also seized. 4. Learned counsel for the petitioner has submitted that the petitioner has been arraigned as an accused on the basis of statement of co-accused persons only. It is also submitted that the statement of petitioner under Section 67 of N.D.P.S. Act was recorded under pressure. Learned counsel for the petitioner has also submitted that there is no other evidence available on record to connect the accused-petitioner with the commission of crime. It is also submitted that charge-sheet has been filed and trial of the case will take time. 5. Learned Public Prosecutor has opposed the bail application. 6. 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. 7. Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Sohan Ram Bishnoi S/o Bhika Ram Bishnoi shall be released on bail in connection with FIR No. VIII (10(7/NCB/JJU/2017) of Police Station N.C.B., Jodhpur 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.