Ram Karan vs State of Haryana

Alok Singh, J.—This is an application seeking bail in FIR No. 388 dated 1.11.2010, under Sections 15, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Shahabad, District Kurukshetra.

Learned Counsel for the Petitioner states that Petitioner is implicated in the present case on the basis of alleged confessional statement of the other co-accused stating that Petitioner has given Rs. 40,000/- to purchase the narcotic substance. Learned Counsel further states that in view of the law laid down by the Apex Court in the matter of Union of India v. Bal Mukund and Ors. reported in 2009 (2) R.C.R. (Cri) 574, an accused shall not be convicted on the basis of confession of co-accused, however maker of confession may be bound by the said statement but not those who had been implicated therein.

Mr. Dhir, learned Deputy Advocate General, appearing for the State has vehemently argued that since role of the Petitioner was disclosed by the other co-accused in their disclosure statement, therefore, involvement of the present Petitioner is fully proved in the present case. He has further stated that Petitioner is having criminal history and eight different cases were registered against the Petitioner.

Learned Counsel for the Petitioner has vehemently argued that although eight different cases were registered, however, Petitioner was acquitted in seven cases and in one case appeal is pending.

Without commenting any opinion on the merits of the case and considering the judgment of the Apex Court in the case of Union of India v. Bal Mukund and Ors. (supra), the present petition is directed to be allowed. Let Petitioner be released on bail to the satisfaction of the Trial Court.