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2021 DIGILAW 681 (RAJ)

Manoj Meena v. State Of Rajasthan

2021-03-24

CHANDRA KUMAR SONGARA

body2021
JUDGMENT 1. This bail application has been filed under Section 438 Cr.P.C. in connection with FIR No. 13/2021 registered at Police Station Deoli Majhi, District Kota for the offence under Section of 8/20 of NDPS Act. 2. Learned counsel for the petitioner has submitted that the co-accused persons namely Deepak and Mukesh from whom ganja has been recovered, have already been released on regular bail by the trial court vide order dated 28.01.2021 and 01.02.2021 respectively. The petitioner has been implicated in the present case on the basis of the statements of co-accused which had been taken during police custody. He has further submitted that Hon'ble Apex Court has decided that information u/s 67 of NDPS Act is not admissible in evidence. No recovery of any narcotic and psychotropic has been affected from the petitioner. It is further submitted that petitioner has five criminal cases but no case under the provisions of NDPS Act is pending against the petitioner. 3. During the course of arguments, learned counsel for the petitioner has placed reliance upon the following judgments: i. Rajasthan High Court in S.B. Criminal Misc. Bail No. 5064/2018 (Shekh Salim vs. State of Rajasthan) dated 08.05.2018. ii. Rajasthan High Court in S.B. Criminal Misc. Bail Application No. 11581/2016 (Mushtaq vs. State of Rajasthan) dated 05.01.2017. iii. Punjab-Haryan High Court in CRM-M-17449-2020 (Paramjit Singh vs State of Punjab) dated 20.08.2020. iv. Madhya Pradesh High Court in M.Cr.C No. 19134/2020 (Bharat @ Chote Soni vs The State of Madhya Pradesh) dated 25.06.2020. v. Gujrat High Court in R/CR.MA/1523/2021 (Farukh Gulambhai Kureshi vs State of Gujarat) dated 28.01.2021. vi. Calcutta High Court in C.R.M 951 of 2020 (In Re: Sekh Akkel AN @ Saddam) dated 10.02.2020. 4. Hence, the anticipatory bail application of the petitioner be granted. 5. On the other hand, learned Public Prosecutor has strongly opposed the bail application. 6. Taking into consideration the submissions made by the learned counsel for the petitioner, aforesaid judgments relied upon by him and looking to the facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail. 7. 6. Taking into consideration the submissions made by the learned counsel for the petitioner, aforesaid judgments relied upon by him and looking to the facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail. 7. Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioner Manoj Meena son of Shri Babu Lal Meena in FIR No. 13/2021 registered at Police Station Deoli Majhi, District Kota by the investigation officer, he shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions: i) That the petitioner will make himself available for the investigation as and when required by the investigation officer. ii) That the petitioner will not leave India without permission of the Court. iii) That the petitioner will not temper with the evidence or threaten or pressurize the witnesses in the case.