Dashrath Suhalka vs State

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

The petitioner(s) has/have been arrested in FIR No.189/2016 of Police Station Rani, District Pali for the offence(s) punishable under Section(s) 8/15

and 29 of the NDPS Act. He/she/they has/have preferred this/these second bail application(s) under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, the police seized a Honda City car in an abandoned condition, from

which, huge quantity of poppy straw above commercial quantity was recovered. After investigation, the police concluded that the said narcotic contraband was illegally transported by co-accused persons namely Shanti Lal and Ramesh, which was supplied to them by the present petitioner.

Learned counsel has submitted that except the information provided by the above named co-accused persons while in police custody, no other evidence is avaialble on record to connect the petitioner with the commission of crime. Learned counsel for the petitioner while inviting my attention towards the statements of the I.O. namely Parbat Singh (PW-1) has argued that from the evidene of the above witness, it is clear that no call details,

establishing connection of the petitioner with co- accused persons Shanti Lal and Ramesh, has been collected by the I.O. It is also argued that it is well settled that any information given by co-accused while in police custody is not admissible in evidence. Learned Public Prosecutor has opposed the

bail application.

Having regard to the totality of the facts and circumstances of the case, 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 second bail application(s) filed under Section 439 Cr.P.C. is/are allowed and it is directed that petitioner(s) - Dashrath Suhalka

S/o Sh. Laxman Ji shall be released on bail in connection with FIR No.189/2016 of Police Station Rani, District Pali 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.