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2023 DIGILAW 416 (RAJ)

Moti Singh v. State of Rajasthan

2023-02-04

KULDEEP MATHUR

body2023
JUDGMENT Kuldeep Mathur, J. - 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.220/2019, registered at Police Station Choti Sadri, District Pratapgarh, for offences under Sections 8/15 & 29 NDPS Act. 2. Learned counsel for the petitioner submits that similarly situated co-accused namely Sobhag Singh has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 07.07.2021 in Criminal Miscellaneous 3rd Bail Application No.4483/2021, and the case of present petitioner is not distinguishable to that of the co-accused. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. For ready reference, the order dated 07.07.2021 is reproduced herein-below:- "Heard learned counsel for the parties and perused the material available on record. The petitioner(s) has/have been arrested in FIR No.220/2019 of Police Station Chhoti Sadari, Distt. Pratapgarh for the offence(s) punishable under Section(s) 8/15 and 25 of the NDPS Act. He/she/they has/have preferred this/these third bail application(s) under Section 439 Cr.P.C. Learned counsel for the petitioner has submitted that as per the prosecution story, the police have apprehended the present petitioner and co-accused Moti Singh while they were transporting narcotic contraband poppy straw weighing around 104 kgs in a car. After their arrest, the I.O. has recorded information from the petitioner as well as co-accused Moti Singh under Section 27 of the Indian Evidence Act wherein, the petitioner has informed that he has procured 40 kgs of poppy straw from one Ram Narayan Patidar out of 104 kgs whereas, co-accused Moti Singh has supplied information to the I.O. under Section 27 of the Indian Evidence Act that he has procured 64 kgs of poppy straw from Ram Narayan Patidar out of 104 kgs. Learned counsel for the petitioner while inviting my attention towards the statements of I.O. namely Deepak Kumar (PW-3) has submitted that the I.O., in his evidence, has admitted that the petitioner was possessing 40 kgs of poppy straw only on the basis of the evidence collected by him during the course of investigation. It is also submitted that when the I.O. himself is saying that the petitioner is guilty of possessing 40 kgs of poppy straw, which is below commercial quantity, he is entitled to be enlarged on bail. It is also submitted that when the I.O. himself is saying that the petitioner is guilty of possessing 40 kgs of poppy straw, which is below commercial quantity, he is entitled to be enlarged on bail. Learned Public Prosecutor has opposed the bail application(s). Having regard to the totality of the facts and circumstances of the case and keeping in view the evidence of the I.O. namely Deepak Kumar (PW-3), without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C. Accordingly, this/these third bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Sobhag Singh S/o Sh. Govind Singh shall be released on bail in connection with FIR No.220/2019 of Police Station Chhoti Sadari, Distt. Pratapgarh provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/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." 3. Learned Public Prosecutor and Shri Rajat Chhaparwal, Advocate, Associate to Shri Anil Joshi, G.A.-cum-AAG, have opposed the bail application. 4. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 5. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Moti Singh S/o Sardar Singh @ Sadaram Singh arrested in connection with F.I.R. No.220/2019, registered at Police Station Choti Sadri, District Pratapgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- 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.