Prabhu Lal S/o Tulsi Ram vs State of Rajasthan

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No.91/2016, registered at Police Station Gangrar, District Chittorgarh for the offences under Sections 8 / 15 and 8 / 29 of the NDPS Act.

Admittedly, the petitioner was not present at the time of recovery of contraband poppy straw weighing 1730 kgs. effected by the S.H.O., P.S. Gangrar on 30.4.2016. During investigation, one Amar Singh Banjara was implicated as the accused responsible for transportation of the contraband poppy straw. The petitioner appears to have been implicated on the strength of the confessional statement of Amar Singh recorded by the police officer. The admissibility of such confessional statement is questionable. Amar Singh has been released on bail by this Court.

In this background and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar but without expressing opinion on the merits of the case, this Court is of the opinion that the petitioner too deserves to be released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Prabhu Lal arrested in connection with the F.I.R. No.91/2016, registered at Police Station Gangrar, District Chittorgarh shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.