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Rajasthan High Court · body

2020 DIGILAW 701 (RAJ)

Shishpal Singh v. State

2020-11-12

VIJAY BISHNOI

body2020
ORDER 1. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. The petitioners have been arrested in FIR No.268/2018 of Police Station Sadar Hanumangarh, District Hanumangarh for the offences punishable under Sections 8/21, 22, 25, 29 & 8/29 of NDPS Act & 18 C/27B (II) Drugs and Cosmetic Act. They have preferred these bail applications under Section 439 Cr.P.C. 2. Learned counsel for the petitioners has submitted that as per the prosecution story huge quantity of tablet/capsules containing narcotic substance were recovered from the possession of two persons namely Pankaj Kumar and Labh Singh @ Labhu. It is further submitted that after their arrest, the said persons while in police custody gave information to the Seizure Officer that they procured the said tablets/capsules from the petitioner- Shishpal. On the basis of the said information, the police arrested Shishpal and as per the information given by him while in police custody that he procured the tablets/capsules containing narcotic substance from petitioner- Kailash, the police apprehends the accused Kailash and except the information given by the co-accused persons while in police custody, there is no material available on record against the petitioners to connect them with the commission of crime and they have falsely been implicated in this case. It is further argued that the investigating officer in his Court statement has stated that he has not verified the fact that whether petitioners- Shishpal and Kailash are working in the medical shop or not. It is submitted that from the statements of the Investigating Officer, it is clear that he has not investigated about any connection of the petitioners- Shishpal and Kailash with the persons, from whom, narcotic contraband was recovered. It is, therefore, argued that it is a no evidence case. 3. Learned Public Prosecutor has opposed the bail applications. 4. Having regard to the totality of the facts and circumstances of the case and after going through the statements of the Investigating Officer PW-5, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C. 5. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Shishpal Singh S/o Shri Prathvi Singh and (2) Kailash Sharma S/o Sh. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Shishpal Singh S/o Shri Prathvi Singh and (2) Kailash Sharma S/o Sh. Noranglal Sharma shall be released on bail in connection with FIR No.268/2018 of Police Station Sadar Hanumangarh, District Hanumangarh provided each of them 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.