[2023:RJ-JP:33150]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10669/2023 Prakash S/o Devi Lal, R/o Village Purani Umar, Tehsil Singholi, Dist. Neemach (M.p.) (Presently Confined To Central Jail Bundi)

----Petitioner Versus State Of Rajasthan, Through Its Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12456/2023 Ashok Kumar Dhakar S/o Shree Debi Lal, R/o Hathipura, Police Station Ratangarh, Post Umar, Tehsil Singochi, District Neemach, Madhya Pradesh. (Presently Confined In Central Jail Bundi)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Deepak Pareek Mr. Mohd. Shakir Khan For Respondent(s) : Mr. Sanjeev Mahala, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

04/11/2023

1. These 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.84/2022 registered at Police Station Dabi, District Bundi for the offence under Section 8/15 of NDPS Act. Later on, the police filed the chargesheet in this matter for the offences under Sections 8/15, 8/25 & 8/29 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 further submits that co-accused - Shawan and Vinod were found in possession of the contraband. No recovery has been affected from the possession of the petitioners. He submits that petitioners have been made accused in this case solely on the basis of interrogation of the co-accused persons, which cannot be used against the petitioners 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 Vs. State of Tamil Nadu reported in AIR 2020 SC 5592. Co-accused- Narayan Singh Hada, who is the owner of the godown and Ashok Dubey have been granted bail by the Co-ordinate Bench of this Court. The petitioners are in custody since their date of arrest and chargesheet has been filed and trial of the case will take considerable time. He also contends that further custody of the petitioners would not serve any fruitful purpose.

3. Learned Public Prosecutor opposes the bail applications and submits co-accused - Vinod & Shawan have been found in possession of contraband, which is of commercial quantity, thus, considering the rigours of Section 37 of the NDPS Act, bail cannot be granted to the petitioners.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that no recovery has been affected from the possession of the petitioners, other co- accused persons namely- Narayan Singh Hada & Ashok Dubey have been granted bail by the Co-ordinate Bench of this Court and looking to the custody period of the petitioners, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications.

6. These bail applications are accordingly allowed and it is directed that accused-petitioners - (1) Prakash S/o Devi Lal, R/o Village Purani Umar (2) Ashok Kumar Dhakar S/o Shree Debi Lal shall be released on bail provided each of them 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 they 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.

7. However, it is made clear that the petitioners shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioners are further directed to mark their presence in