Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 918

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Moti Singh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 514 of 2022
Decided On : 04-02-2023

Advocates Appeared:
Ram Niwas, Advocate, Arun Kumar, Advocate, Rajat Chhaparwal, Advocate, Anil Joshi, Advocate

The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.

Headnote:
Bail - NDPS Act - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Fact of the Case:

The petitioner filed an application for bail under Section 439 Cr.P.C. after being arrested in connection with F.I.R. No.220/2019 for offences under Sections 8/15 & 29 NDPS Act. The petitioner argued that a similarly situated co-accused had already been granted bail by a Co-ordinate Bench of the Court.
Finding of the Court:

The court, without expressing any opinion on the merits/demerits of the case, granted bail to the accused-petitioner based on the totality of the facts and circumstances of the case.
Issues: The main issue was whether the accused-petitioner should be granted bail considering the facts and circumstances of the case and the bail granted to a similarly situated co-accused.
Ratio Decidendi: The court granted bail to the accused-petitioner based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be released on bail.

JUDGMENT

Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.220/2019, registered at Police Station Choti Sadri, District Pratapgarh, for offences under Sections 8/15 & 29 NDPS Act.

2. Learned counsel for the petitioner submits that similarly situated co-accused namely Sobhag Singh has already been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 07.07.2021 in Criminal Miscellaneous 3rd Bail Application No.4483/2021, and the case of present petitioner is not distinguishable to that of the co-accused. The petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. For ready reference, the order dated 07.07.2021 is reproduced herein-below:-

"Heard learned counsel for the parties and perused the material available on record.

The petitioner(s) has/have been arrested in FIR No.220/2019 of Police Station Chhoti Sadari, Distt. Pratapgarh for the offence(s) punishable under Section(s) 8/15 and 25 of the NDPS Act. He/she/they has/have preferred this/these third bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, the police have apprehended the present petitioner and co-accused Moti Singh while they were transporting narcotic contraband poppy straw weighing around 104 kgs in a car. After their arrest, the I.O. has recorded information from the petitioner as well as co-accused Moti Singh under Section 27 of the Indian Evidence Act wherein, the petitioner has informed that he has procured 40 kgs of poppy straw from one Ram Narayan Patidar out of 104 kgs whereas, co-accused Moti Singh has supplied information to the I.O. under Section 27 of the Indian Evidence Act that he has procured 64 kgs of poppy straw from Ram Narayan Patidar out of 104 kgs. Learned counsel for the petitioner while inviting my attention towards the statements of I.O. namely Deepak Kumar (PW-3) has submitted that the I.O., in his evidence, has admitted that the petitioner was possessing 40 kgs of poppy straw only on the basis of the evidence collected by him during the course of investigation. It is also submitted that when the I.O. himself is saying that the petitioner is guilty of possessing 40 kgs of poppy straw, which is below commercial quantity, he is entitled to be enlarged on bail.

Learned Public Prosecutor has opposed the bail application(s).

Having regard to the totality of the facts and circumstances of the case and keeping in view the evidence of the I.O. namely Deepak Kumar (PW-3), without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these third bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Sobhag Singh S/o Sh. Govind Singh shall be released on bail in connection with FIR No.220/2019 of Police Station Chhoti Sadari, Distt. Pratapgarh provided he/she/they execute(s) a personal bond in the 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/her/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."

3. Learned Public Prosecutor and Shri Rajat Chhaparwal, Advocate, Associate to Shri Anil Joshi, G.A.-cum-AAG, have opposed the bail application.

4. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

5. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Moti Singh S/o Sardar Singh @ Sadaram S

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