ORDER :

Vinit Kumar Mathur, J.

S.B. Criminal Misc. Bail Application No. 2141/2022

S.B. Criminal Misc. Bail Application No. 10111/2021

S.B. Criminal Misc. Bail Application No. 15155/2021

S.B. Criminal Misc. Bail Application No. 15157/2021

1. All the above mentioned bail applications shall stand decided by this common order as they arise out of the same FIR.

2. The present bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners who are in custody in connection with F.I.R. No. VIII(io)02/NCB/JZU/2021, Police Station NCB, Jodhpur for the offence under Sections 8/18, 25 & 29 of NDPS Act.

3. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

4. Learned counsel for the petitioners submit that the contraband has not been recovered from the possession of the present petitioners. They submit that the only evidence against the present petitioners is the confessional statement of co-accused Prem Singh as well as their own statements.

5. Learned counsel further submit that in view of the judgment of the Hon'ble Supreme Court in the case of Tofan Singh v. State of Tamil Nadu reported in (2021) 4 SCC 1, the confessional statements cannot form the sole basis for implicating a person in a case of NDPS. Learned counsel further submit that the case of the present petitioners is identical to the case of Udai Singh who has been enlarged on bail by this Court vide order dated 02.02.2022. He, therefore, prays that the petitioners may be enlarge on bail.

6. Learned Public Prosecutor has opposed the bail application but he is unable to distinguish the case of the present petitioners vis-a-vis the case of the co-accused person who has been enlarged on bail.

7. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioners is identical to co-accused aforesaid who has been enlarged on bail by this Court, this Court is of the opinion that the petitioners are entitled for the grant of bail under Section 439 Cr.P.C.

8. Accordingly, the present bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that the petitioners (1) Rajpal Singh S/o. Jalam Singh, (2) Nepal Singh S/o. Mohan Singh (3) Kamlesh Kumar Nagda S/o. Sh. Radheyshyam Nagda and (4) Manohar Singh S/o. Madan Singh shall be released on bail in connection with F.I.R. No. VIII(io)02/NCB/JZU/2021, Police Station NCB, Jodhpur provided each of them executes a personal bond in a sum of Rs.1,00,000/- (Rupees: One Lac Only) with two sound and solvent sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) (out of which one surety will be of local) each to the satisfaction of the learned trial Court for 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.

S.B. Criminal Misc. Bail Application No. 12688/2021

9. Learned counsel for the petitioner submits that he does not want to press the present bail application at this stage, however, seeks liberty to file fresh bail application after the statement of Seizure officer and Investigating officer is recorded before the trial court.

10. Dismissed accordingly with liberty as prayed for.