Aailal vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR No.79/2022, Police Station Rajiyasar, District Sri Ganganagar for the offences under Sections 8/15 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Mr. Bijarnia, learned counsel for the applicant argued that the applicant is being implicated only on the basis of call details.

It was argued that the SIM in question has been registered in the name of the applicant after 7 days of the incident and therefore, the prosecution’s case is absolutely untenable.

Mr. Bhati, learned Public Prosecutor on the other hand argued that though the fact that the SIM was transferred in applicant’s name after the recovery of the contraband is correct, however, the SIM was earlier registered in the name of none other than applicant’s real brother and, therefore, the applicant’s contention that he is innocent is baseless.

Heard learned counsel for the applicant and learned Public Prosecutor and also perused the material available on record.

A perusal of the record, particularly, the call detail reveals that there is no telephonic exchange between the applicant and the persons (Kana Ram and Samundra Singh) from whom the contraband was recovered and only one stray incident of applicant’s telephonic conversation with Subhash Godara is present. Indisputably, recovery was not made from Subhash Godara.

In view of the aforesaid, this Court is of the prima- facie view that the applicant is not involved in the offence alleged and the material available is not sufficient to lead to his conviction.

Consequently, the bail application filed under Section 439 of the Code of Criminal Procedure, is allowed.

It is ordered that applicant Aailal S/o Himta Ram, arrested in connection with FIR No.79/2022, Police Station Rajiyasar, District Sri Ganganagar shall be released on bail; provided he executes personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court.

The applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.