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ANIL KUMAR UPMAN
Sagar Jatav – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. These instant bail applications have been filed under Section 439 of Cr.P.C. on behalf of the petitioners, who have been arrested in connection with FIR No. 149/2023 registered at Police Station Sadar Gangapur City, District Sawai Madhopur for the offences under Sections 8/21, 25 & 29 of NDPS Act.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. He submits that 270 grams smack was recovered from the possession of the co-accused- Om Prakash and no recovery has been affected from the possession of the petitioners. He further submits that petitioner- Sagar Jatav has been made accused in this case solely on the basis of the fact that Om Prakash was found in possession of the motorcycle, which is registered in the name of petitioner - Sagar Jatav. He also submits that interrogation of the co-accused cannot be used against the petitioner as the same is inadmissible in evidence in view of provisions of Section 25 of the Evidence Act. Learned counsel has relied upon the judgment rendered by Hon'ble Supreme Court in the case of Tofan Singh v. State of Tamil Nadu, AIR 2020 SC 5592. There are no criminal
Bail granted under Section 439 due to absence of recovery from petitioners, lack of criminal antecedents, and prolonged custody.
The absence of admissible evidence and the inadmissibility of the co-accused statement under Section 67 of NDPS Act influenced the court's decision to grant bail to the applicant.
The absence of direct evidence against accused petitioners and their prolonged custody justified the granting of bail under Section 439 Cr.P.C.
The importance of legally admissible evidence in connecting the accused with the alleged crime in bail applications.
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