Chatrapal Singh @ Chelu Singh vs State Of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 996

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Chatrapal Singh @ Chelu Singh – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous 2nd Bail Application No. 6305 of 2022
Decided On : 24-05-2022

Advocates appeared:
Ayush Gehlot, Advocate, S.K. Bhati, Advocate

Headnote:
Bail - NDPS Act - The court allowed the second bail application filed under Section 439 Cr.P.C. on the basis that the witnesses who initially implicated the petitioner in the case later turned hostile, and there was no recovery of contraband from the petitioner's possession.
Fact of the Case:

The petitioner filed a second bail application under Section 439 Cr.P.C. in connection with F.I.R. No.126/2020, Police Station Raisingh Nagar, District Sri Ganganagar for the offences under Sections 08/22, 25 and 29 of NDPS act. The witnesses who initially implicated the petitioner later turned hostile, and there was no recovery of contraband from the petitioner's possession.
Finding of the Court:

The court found that the basis on which the petitioner was implicated in the case did not survive anymore due to the witnesses turning hostile and the lack of recovery of contraband from the petitioner's possession. Consequently, the court allowed the bail application and ordered the release of the accused-petitioner.
Issues: The issues revolved around the credibility of the witnesses and the presence of the petitioner at the time of the recovery of the contraband.
Ratio Decidendi: The court's decision was influenced by the turning of the witnesses hostile and the absence of any recovery of contraband from the petitioner's possession, leading to the conclusion that the basis for implicating the petitioner in the case no longer existed.
Final Decision: The second bail application filed under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail upon furnishing the specified personal bond and sureties.

JUDGMENT

Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.126/2020, Police Station Raisingh Nagar, District Sri Ganganagar for the offences under Sections 08/22, 25 and 29 of NDPS act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submits that the first bail application of the petitioner was rejected by this court on 04.01.2022 with a liberty to file a fresh bail application after the material witnesses are recorded before the trial court. He further submits that the statement of five prosecution witnesses have been recorded before the trial court including Vikram (PW2) who is the investigating officer of the case. as per the statement of PW-2 Vikram, the petitioner was implicated in the present case on the strength of the statements given by Rani, Rajesh, Ravinder and Prabhu Singh. However, while examination before the trial court, the witnesses namely Rani (PW-3), Rajesh (PW-4), Ravinder (PW-5) and Prabhu Singh (PW-6) have not supported the prosecution case and thus, they have been declared hostile. Learned counsel further submits that in view of the statements given by PW3 to PW6, the basis on which the petitioner was implicated in the present case does not survive any more. It is also contended by the learned counsel for the petitioner that neither any contraband has been recovered from the possession of the petitioner nor the petitioner was present at the time of recovery of the contraband in this case. Therefore, it is prayed that the petitioner may be enlarged on bail.

4. The learned Public Prosecutor opposes the bail.

5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

6. Consequently, the second bail application filed under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Chatrapal Singh @ Chelu Singh S/o Prabhu Singh arrested in connection with F.I.R. No. 126/2020, Police Station Raisingh Nagar, District Sri Ganganagar shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/-(Rupees: One Lac Only) with two sureties of Rs.50,000/-(Rupees : Fifty Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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