The admissibility of evidence given by co-accused while in police custody as the sole basis for connecting other accused with the commission of the crime.

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

2. The petitioners have been arrested in FIR No. 86/2019 of Police Station Sadar District Sriganganagar for the offences punishable under Sections 8/22, 29 of the NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.

3. Learned counsel for the petitioners has submitted that as per the prosecution story, the police have apprehended two persons Tinku @ Arpit and Rahul while they were transporting cough syrups containing narcotic contraband in a truck. It is further submitted that during the course of investigation co-accused Tinku @ Arpit informed the police that he procured the said vials of cough syrup from one Monu Singh and when Monu Singh was arrested, he gave the information to the police that he procured the said vials of cough syrup from Manoj and Raju @ Rajkumar. It is submitted that except the information given by co-accused persons while in police custody, no other evidence is available on record to connect the petitioners with the commission of crime. Learned counsel for the petitioner has invited attention of this Court towards the statements of Investigating Officer PW-2 Hanuman Ram and argued that the Investigating Officer also, in his courts statements, has specifically admitted that except the information given by the co-accused while in police custody, no other evidence is available on record to connect the petitioners with commission of crime. It is also argued that it is well settled that any information given by co-accused while in police custody is not admissible in evidence.

4. Learned Public Prosecutor has opposed the bail application however, he too is not in a position to dispute the fact that as per the statements of the Investigating Officer PW-2 except the information given by co-accused while in police custody, no other evidence is available on record against the petitioners at this stage.

5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

6. Accordingly, these bail application filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Manoj Rawat S/o Baijnath Rawat and Monu Singh S/o Karan Jeet Singh shall be released on bail in connection with FIR No. 86/2019 of Police Station Sadar District Sriganganagar provided each of them executes a personal bond in a 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.