YASHWANT SINGH Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in connection with FIR No. 42/2016 of Police Station Arnod, District Pratapgarh for the offences punishable under Ss. 8/15 and 29 of NDPS. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that there is no evidence available on record to suggest that the petitioner is connected with commission of crime in any manner. Learned counsel for the petitioner has submitted that now the statement of Mangi Lal, Investigating Officer, who investigated the role of the petitioner, has been recorded before the trial court as PW-2, and in his cross-examination, he has specifically admitted that except the information given by the co-accused Lal Singh under Sec. 27 of the Indian Evidence Act while in police custody, no other direct or indirect evidence is available against the petitioner. Learned counsel for the petitioner has submitted that it is settled law that the information given by any accused in police custody is not admissible. Learned counsel for the petitioner has prayed that the petitioner may kindly be enlarged on bail.