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2021 DIGILAW 11 (RAJ)

Shambhu Lal Dhakad v. State

2021-01-05

PUSHPENDRA SINGH BHATI

body2021
JUDGMENT : Pushpendra Singh Bhati, J. 1. In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts. 2. This Court perused the material available on record. 3. The petitioners have been arrested in connection with FIR No. 155/2019 of Police Station Begun, District Chittorgarh for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C. 4. Learned counsels for the petitioners have jointly submitted that the main accused in the present case, who were present on the spot, from whom the contraband in question was confiscated were Ashok and Tarachand. Learned counsels for the petitioners further submit that on the statement of the main accused one Mukesh was arrayed as co-accused. Learned counsels for the petitioner further submit that on the statement of said Mukesh, the present accused petitioners Shambhu Lal and Shivshankar @ Shankar Lal Suthar were arrayed as co-accused. 5. Learned counsels for the petitioner further state that there is no direct connecting evidence available with the prosecution, which could justify the continuous of custody of the present petitioners at this stage. 6. Learned Public Prosecutor and the Investigating Officer, present in person, oppose the bail application but are fair enough to state that the incident being old, they could not obtain any call details or other evidence, which could corroborate the connection of the present petitioners directly with the confiscation of the contraband except for the statement of the co-accused. They, however, mentioned that the spot of the crime was identified by the accused persons. 7. This Court, after examining the record of the case and hearing the parties, is convinced that at this stage the continuance of custody of the present petitioner is not warranted. 8. Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time and without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 9. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Shambhu Lal S/o. Shri Ghisa Lal Dhakad and (2) Shivshankar @ Shankar Lal Suthar S/o. Sh. Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners (1) Shambhu Lal S/o. Shri Ghisa Lal Dhakad and (2) Shivshankar @ Shankar Lal Suthar S/o. Sh. Narayan Lal Suthar shall be released on bail in connection with FIR No.155/2019 of Police Station Begun, District Chittorgarh provided each of them execute 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.