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2023 DIGILAW 333 (RAJ)

Shrawan Kumar v. State of Rajasthan

2023-01-30

YOGENDRA KUMAR PUROHIT

body2023
ORDER 1. The instant bail application has been filed on behalf of the accused-petitioner under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 35/2021 registered at Police Station RGT, Rawli Nadi, District Barmer for the offence(s) under Sections 8/15, 25 & 29 of the NDPS Act. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on the basis of information furnished by co-accused Chhaganlal. Except the information under Section 27 of the Evidence Act, there is no other evidence available on record connecting the petitioner with the commission of alleged crime. No call details are on record. No recovery has been effected from the accused-petitioner. The petitioner in judicial custody since 20.10.2022 and trial is likely to take long time to conclude. According to learned counsel, on the basis of prima-facie evidence on record, there is no involvement of the accused-petitioner and therefore, looking to the provisions of Section 37 of the NDPS Act, the petitioner deserves to be enlarged on bail. 3. Per contra, learned Public Prosecutor opposed the bail application and submitted that the matter involves recovery of commercial quantity of illicit contraband from co-accused and therefore, prays for dismissal of the bail application. 4. Considering the arguments advanced by the counsel for the parties and the overall facts and circumstances of the case as also the fact that petitioner has been made accused on the basis of information furnished under Section 27 of the Evidence Act, there is no other evidence denoting involvement of the petitioner, prima-facie no case is made out against the petitioner and thus, bar contained under Section 37 of the NDPS is not attracted, the accused is in jail since 20.10.2022 and trial of the case may take long time to conclude, without commenting on the merits and demerits of the case, this court deems it just and proper to enlarge the petitioner on bail. 5. Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Shrawan Kumar S/o Sh. Bhanwar Lal, arrested in connection with aforesaid FIR, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 5. Accordingly, the second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Shrawan Kumar S/o Sh. Bhanwar Lal, arrested in connection with aforesaid FIR, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned lower court for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.