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2023 DIGILAW 523 (RAJ)

Hemraj v. State of Rajasthan

2023-02-15

ANIL KUMAR UPMAN

body2023
ORDER : 1. Petitioner has filed this bail application under Section 439 of Cr.P.C. 2. F.I.R. No. 64/2022 was registered at Police Station Bakani, District Jhalawar for offence under Section 8/21 of NDPS Act. Later on charge-sheet has been filed for the offences under Sections 8/21 & 8/29 of NDPS Act. 3. It is contended by counsel for the petitioner that the petitioner has falsely been implicated in this case. It is further contended that nothing was recovered from the possession of the petitioner and he has been made accused solely on the basis of interrogation of co-accused which is not admissible in evidence as same is hit by under Section 25 of the Evidence Act. 4. Learned Public Prosecutor has opposed the bail application and submitted that two other cases of similar nature are pending against the petitioner and he is habitual offender. 5. I have considered the contentions. 6. Considering the contentions put forth by counsel for the petitioner and particularly the fact that nothing has been recovered from the possession of the petitioner and he has been made accused on the basis of interrogation of co-accused, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. Petitioner is further directed to mark his presence in the concerned police station on first Monday of every month, till trial is concluded.