Hemraj vs State of Rajasthan - 2023 Supreme(Raj) 1796

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1796

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Anil Kumar Upman, J.
Hemraj – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 18188 of 2022
Decided On : 15-02-2023

Advocates:
Advocate Appeared:
For the Petitioner: Rohit Khandelwal
For the Respondent: Sher Singh Mahala

Headnote:(A) Criminal Procedure Code, 1973 - Section 439 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8/21 and 8/29 - Bail application - Petitioner contends he was falsely implicated without recovery from his possession, relying solely on co-accused's interrogation - The court grants bail considering the absence of physical evidence against the petitioner and his non-recovery of items from his possession. (Paras 1-6)

(B) Evidence Act, 1872 - Section 25 - Admission of statements made to police - Court holds accusations based solely on such statements are inadmissible - Emphasized rule of evidence that prevents reliance on confessions made to co-accused. (Paras 3, 4)

Facts of the case:
The petitioner was implicated in an NDPS Act case where nothing was recovered from him; the charges were based on statements from a co-accused, who is not trustworthy under Section 25 of the Evidence Act.

Findings of Court:
Bail is granted under Section 439, predicated on lack of evidence and the nature of the charges against the petitioner.

Issues: Main issues addressed were the admissibility of the statements from co-accused and the implication of lack of recovery on the grant of bail.

Ratio Decidendi: The court concluded that the absence of recovery from the petitioner and reliance on inadmissible statements from a co-accused warrant the granting of bail. The court emphasized the principle that mere interrogation of a co-accused cannot form the basis for charges without corroborative evidence.

Result: Bail application allowed.

Table of Content
1. bail application procedures and offenses. (Para 1 , 2)
2. arguments regarding false implication and habitual offender status. (Para 3 , 4)
3. court's evaluation of evidence and bail application. (Para 5 , 6)
4. conclusion granting bail with conditions. (Para 7)

ORDER :

1. Petitioner has filed this bail application under Section 439 of Cr.P.C.

2. F.I.R. No. 64/2022 was registered at Police Station Bakani, District Jhalawar for offence under Section 8 /21 of NDPS Act. Later on charge-sheet has been filed for the offences under Sections 8 /21 & 8/29 of NDPS Act.

3. It is contended by counsel for the petitioner that the petitioner has falsely been implicated in this case. It is further contended that nothing was recovered from the possession of the petitioner and he has been made accused solely on the basis of interrogation of co-accused which is not admissible in evidence as same is hit by under Section 25 of the EVIDENCE ACT .

4. Learned Public Prosecutor has opposed the bail application and submitted that two other cases of similar nature are pending against the petitioner and he is habitual offender.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the petitioner and particularly the fact that nothing has been recovered from the possession of the petitioner and he has been made accused on the basis of interrogation of co-accused, I deem it proper to allow the bail application.

7. This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. Petitioner is further directed to mark his presence in the concerned police station on first Monday of every month, till trial is concluded.

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