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2023 DIGILAW 1867 (RAJ)

Girish S/o Shri Vardhichand v. State of Rajasthan

2023-10-04

KULDEEP MATHUR

body2023
ORDER : 1. This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No. 207/2023 registered at Police Station Arnod, District Pratapgarh for offences under Sections 8/18, 29 of NDPS Act and Section 3/25 of Arms Act. 2. As per prosecution, the police team of Police Station Arnod, acting upon a secret information, reached Hanuman Mandir situated at Pratapgarh Road at around 12:05 PM. Around 12:45 PM, the team reached house of Kamlesh Veragi, outside the house, a car (Alto K10), having registration No. RJ-12-CA-9754 was parked, in which two persons were sitting, who on seeing the police team, stepped down from the car and started running. The two suspected persons were surrounded by the police team and nabbed. The police team interrogated them, upon which the person who was on the wheel of the car disclosed his name to be Kamlesh son of Vishnu Das, whereas the person sitting besides him disclosed his name to be Vishnu Das son of Tulsidas. The investigating agency/police team after following the provisions of NDPS act, laid a personal search of the persons and the car. Upon search being conducted, mobile phones, a diary containing details of illegal opium trade and car keys were recovered from the personal search of the accused persons and contraband (opium), weighing 2.6 kg along with a country made pistol with two live cartridges and huge amount of cash was recovered from the vehicle. 3. The police team was then informed by co-accused Kamlesh that his brother Shailendra, who is also a resident of Veerawali is in possession of contraband (opium) weighing about 100 grams, which he is going to show to a potential buyer, and if not apprehended in time, he might destroy the contraband. The police team then reached the place as had been disclosed by co-accused Kamlesh and were able to apprehend Shailendra from the spot from whom contraband (opium) was recovered. 4. The police team thereafter, obtained the record of the properties held by accused persons, Kamlesh, Vishnu Das and Shailendra from PWD authorities and revenue authorities whereupon, the investigating agency initiated freezing proceedings under Section 68F of the NDPS act for Balaji complex located on National Highway 56 in Pipalkhunt. 4. The police team thereafter, obtained the record of the properties held by accused persons, Kamlesh, Vishnu Das and Shailendra from PWD authorities and revenue authorities whereupon, the investigating agency initiated freezing proceedings under Section 68F of the NDPS act for Balaji complex located on National Highway 56 in Pipalkhunt. The police team received a secret information that son-in-law of Shailendra, namely Sunil son of Kanhaiya Das Bairagi in connivance with Prakash, son of Nathu Lal and present petitioner, has created back dated mortgage agreement in relation to the complex situated at National Highway 56 in Pipalkhunt so that the freezing proceeding can be impacted adversely. The police acting upon the information detained the accused persons. The investigating agency recovered back dated mortgage agreement in relation to Balaji Complex from co-accused Prakash and Sunil. On being interrogated about the same, it was informed by the co-accused persons that they had received the rent agreement/mortgage agreement from the present petitioner. The investigating agency found offences under Section 29 of the NDPS Act for criminal conspiracy to be proved against the petitioner and arrested him. 5. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that he was not arrested from the place of occurrence. Learned counsel submitted that neither any contraband (opium) was recovered from his conscious possession nor in pursuance of any disclosure statement made by him. Learned counsel also submitted that offences under Sections 420 and 467 IPC have been found to be proved against the petitioner, which are triable by a court of Magistrate. Learned counsel vehemently contended that offences under NDPS Act are not made against the petitioner from the facts of the case. It was thus, submitted that a false case has been foisted against the petitioner. 6. It was also submitted that the petitioner is in judicial custody, challan has already been filed against him and the trial of the case is likely to take sufficiently long time to conclude. 7. On these grounds, learned counsel thus, prayed that the petitioner may be enlarged on bail. 8. Per contra, learned Public Prosecutor opposed the bail application and submitted that looking to the seriousness of accusations against the petitioner, he does not deserve to be enlarged on bail. 9. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 8. Per contra, learned Public Prosecutor opposed the bail application and submitted that looking to the seriousness of accusations against the petitioner, he does not deserve to be enlarged on bail. 9. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 10. Having considered rival submissions, facts and circumstances of the case and perused the FIR, challan papers and the factual report submitted by the learned Public Prosecutor, this Court prima facie finds that only allegation levelled against the petitioner is of conspiring with other co-accused persons in creating a back dated mortgage agreement in relation to Balaji Complex situated at National Highway 56 in Pipalkhunt, only with a view to impede/affect the freezing proceedings initiated under section 68F of the NDPS Act. This Court also prima facie finds that no recovery of contraband has been effected from the conscious possession of the petitioner; no recovery is due to be made from present petitioner; prima facie there is no evidence indicating active involvement of the petitioner in the illegal trade of contraband (opium); the petitioner does not have any criminal antecedents. 11. In view of above, this court finds that the restrictions contained in Section 37 of the NDPS Act do not act to the prejudice of the petitioner in the present case. Thus, this court deems it appropriate to grant concession of bail to the petitioner. 12. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Girish S/o Shri Vardhichand, arrested in connection with F.I.R. No. 207/2023 registered at Police Station Arnod, District Pratapgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.