MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner Mohan Lal S/o Kuka Dhakad, who is in custody in relation to F.I.R. No.140/2021, Police Station Begu District Chittorgarh for the offences under Ss. 8/15 and 29 of the NDPS Act. The first bail application being S.B. Criminal Misc. Bail Application No.10222/2021 was dismissed as not pressed by the Coordinate Bench of this Court vide order dtd. 6/8/2021.

(2.) Learned counsel for the petitioner submits that no recovery has been effected from the present petitioner. He further submits that the only allegation against the present petitioner is that he was escorting the car from which alleged poppy husk was recovered but the same was not driven by him. He further submits that after the recovery of alleged contraband, presentpetitioner was connected with a recovered mobile No.6376877922 from the car. He further submits that at the time of arrest, one mobile was recovered which belonged to present petitioner wherein he was using Sim No.9376609651 & 9630911973. He further submits that these two mobile numbers are nowhere in touch with either of the recovered mobile number or Sim of Nirmal S/o Hanumana Ram. He further submits that the accused is behind bar without any specific set of evidence. He further submits that despite the fact that no recovery was effected from the conscious possession of the present-petitioner, still he was arrested by the Investigating Agency. Assuming the fact that the recovery of 52 kgs of poppy husk i.e. the border line case as regards to commercial quantity is concerned and in similar matters where border line case of recovery was made out even then, this Court has granted bail on many occasions. To support his contention, learned counsel has relied upon the bail orders passed in S.B.Criminal Misc. Bail Applications No.6343/2022, 15785/2022, 10219/2022 and 15912/2022 (Hajari Lal Vs. State), (Kuldeep Singh Vs. State), (Kailash Vs.State) & (Rahul Vs. State) in which the Coordinate Benches of this Court vide orders dtd. 7/7/2020, 13/12/2022 and 16/12/2020 have granted bail. Learned counsel further relied upon a decision dtd. 6/4/2022 rendered by Hon'ble Punjab & Haryana High Court in the matter of Vikrant Singh Vs. State of Punjab passed in CRM-M-39657/2020 alongwith two other matters. Lastly, he submits that the petitioner may be enlarged on bail.

(3.) Aforesaid contentions are opposed by the learned Public Prosecutor on the ground that the present petitioner is a key accused of the recovery, as he was escorting the vehicle from which the contraband was transported. He further submits that from the alleged car, a mobile phone was also recovered containing Sim in the name of present petitioner. Thus, the petitioner may not be enlarged on bail.