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2023 DIGILAW 1011 (RAJ)

Hapu Ram v. State of Rajasthan

2023-05-03

KULDEEP MATHUR

body2023
ORDER : Mr. Kuldeep Mathur, J. - This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.65/2021 Police Station Karda, District Jalore, for the offences under Sections 8/22 and 8/29 of NDPS Act. 2. Heard learned counsel for the petitioner, learned Public Prosecutor and as also perused the material available on record. 3. Learned counsel for the petitioner submitted that SHO, Karda, District Jalore, on 07.08.2021, in furtherance of secret information, searched house of co-accused-Jasa Ram and recovered one weapon along with 4.650 Kg opium milk and 380 grams MD (molly). A sum of Rs. 37,16,210/- was also recovered from the house of the co-accused-Jasa Ram. Learned counsel submitted that co-accused-Jasa Ram in his information under section 27 of the Indian Evidence Act has named co-accused- Goda Ram. During further investigation, co-accused-Goda Ram was arrested and he in his statement recorded under section 27 of the Indian Evidence Act named present petitioner Hapu Ram. Learned counsel vehemently submitted that the present petitioner has been arrested on 22.05.2023, almost after one year of the incident. Learned counsel submitted that there is no evidence either direct or corroboratory in form of mobile phones, call details, whatsapp calls, whatsapp chats etc. available on record to connect the petitioner with the alleged offence. Learned counsel submitted that the only evidence available on record against him is the information supplied by co-accused-Goda Ram under section 27 of the Indian Evidence Act. Learned counsel submitted that the petitioner has been falsely implicated in the present case and therefore, he deserves to be enlarged on bail. 4. Per contra, learned Public Prosecutor opposed the bail application. However, he was not in a position to show any direct or corroboratory evidence available on record to connect the present petitioner with the alleged crime or with co-accused-Goda Ram. 5. Having regard to the facts and circumstances of the case and after going through the challan papers and keeping in view of the fact that there is no evidence either direct or corroboratory available on record connecting the present petitioner with the alleged offence, and the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. 6. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that petitioner-Hapu Ram S/o Shri Bhagwana Ram, arrested in connection with FIR No.65/2021 Police Station Karda, District Jalore, shall be released on bail; provided he executes a personal bond in the sum of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the learned trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.