ANIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.68/2023, registered at Police Station Sadar Chittorgarh, District Chittorgarh, for offences under Ss. 8/18, 8/29 of the NDPS Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, the contraband (opium) weighing 5 Kg 90 Gram was recovered from co-accused Sohanlal. Learned counsel submitted that co-accused Sohanlal in his disclosure statement recorded under Sec. 27 of the Indian Evidence Act has stated that he had purchased the illicit contraband from the present petitioner. Learned counsel submitted that apart from the disclosure statement of co-accused Sohanlal, there is no other direct / circumstantial evidence available on record indicating involvement of the petitioner in commission of the alleged crime. Learned counsel further submitted that as per prosecution, co-accused Sohanlal and the petitioner were in contact through their mobile phones, however, when the mobile phones of both the accused persons were checked, WhatsApp messenger disclosed that some messages were exchanged inter se between the petitioner and co-accused, however, the language of the messages is innocuous and non-incriminating. Learned counsel submitted that the petitioner does not have any criminal antecedents. Lastly, it was submitted that investigation against the petitioner has already been completed. The petitioner is in judicial custody since 19/2/2023 and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner. Learned Public Prosecutor vehemently opposed the bail application.

(3.) Having considered the rival submissions, facts and circumstances of the case and after perusing the challan papers, this Court prima facie finds that the petitioner has been implicated in the present case solely on the basis of disclosure statements of co-accused persons. From a careful perusal of the WhatsApp messages exchanged between the petitioner and co-accused attached by the investigating agency with the challan papers, this Court finds that the language of the messages is innocuous and non-incriminating. In this background, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the conditions of Sec. 37 of the NDPS Act are duly satisfied qua the petitioner, and thus, the petitioner deserves to be enlarged on bail.