Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1024

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vijay Bishnoi, J.
Pawan Kumar – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous III Bail Application No. 2740 of 2022
Decided On : 26-05-2022

Advocates appeared:
Nishant Mothsara, Advocate, Shrawan Bishnoi, Advocate

The main legal point established in the judgment is that the grant of bail under Section 439 Cr.P.C. was justified due to the lack of conclusive evidence connecting the petitioner with the commission of the crime.

Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C due to lack of conclusive evidence connecting the petitioner with the commission of the crime.
Fact of the Case:

The petitioner was arrested for offences under Sections 8/21 and 22 of the NDPS Act. The petitioner filed a bail application stating that the charge-sheet and the statement of the Investigating Officer did not provide conclusive evidence connecting him with the crime.
Finding of the Court:

The court, without expressing any opinion on the merits of the case, granted bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The main issue was the lack of conclusive evidence connecting the petitioner with the commission of the crime.
Ratio Decidendi: The court found that there was no conclusive evidence available on record to connect the petitioner with the commission of the crime, leading to the grant of bail under Section 439 Cr.P.C.
Final Decision: The third bail application filed under Section 439 Cr.P.C. was allowed, and the accused petitioner was directed to be released on bail upon executing a personal bond and sureties.

JUDGMENT

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

2. The petitioner has been arrested in FIR No.161/2019 of Police Station Hanumangarh Town, District Hanumangarh for the offences punishable under Sections 8/21 and 22 of the NDPS act. He has preferred this third bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that the police has filed charge-sheet against the petitioner for the offence punishable under Section 8/21 and 22 of the NDPS act without any basis. It is argued that in the charge-sheet, the police has come to the conclusion that the petitioner was in connection with the co-accused persons, who were arrested from the site through mobile-phone, however, no call details between the petitioner and any of the co-accused arrested by the police have been produced on record. It is also submitted that the Investigating Officer, in his cross-examination, has admitted that in Exhibits P-18 and P-19, name of petitioner is not figured, but one ajay Kumar is there. Learned counsel for the petitioner has also submitted that from the charge-sheet as well as statement of Investigating Officer, it is clear that no conclusive evidence is available on record to connect the petitioner with the commission of crime.

4. Learned Public Prosecutor has opposed the bail application. 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 petitioner under Section 439 Cr.P.C.

5. accordingly, this third bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Pawan Kumar S/o Bhagirath shall be released on bail in connection with FIR No.161/2019 of Police Station Hanumangarh Town, District Hanumangarh provided he 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.

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