Bail Granted to Ajay in NDPS Act Case Due to Lack of Substantial Evidence, Rajasthan High Court
Title: Ajay vs. State of Rajasthan
Date of Decision: September 21, 2023
Case ID: S.B. Criminal Miscellaneous Bail Application No. 9906/2023
Presiding Judge: Hon’ble Mr. Justice Kuldeep Mathur
Intro:
In this case, Ajay, aged about 22 years and currently lodged in District Jail Hanumangarh, filed a bail application under Section 439 Cr.P.C. He had been arrested in connection with FIR No. 46/2023 registered at Police Station Hanumangarh Town, District Hanumangarh, for offenses under Sections 8/22 of the NDPS Act. Ajay’s application for bail was based on the argument that he had been falsely implicated in the case, and there was insufficient evidence to connect him to the alleged crime.
Facts:
Ajay, the petitioner, was arrested and charged under Sections 8/22 of the NDPS Act in connection with FIR No. 46/2023. The contraband was not recovered from his conscious possession but was allegedly based on the disclosure statements of a co-accused, Pushpendra @ Pappu, recorded under Section 27 of the Indian Evidence Act. The prosecution claimed that Pushpendra was in contact with Ajay through a mobile number (9571740051), which they believed belonged to Ajay. However, it was argued that this mobile number did not belong to Ajay but to an individual named Sushil. Furthermore, there was no evidence that Ajay had used this mobile number, and the mobile company’s CAF ID for that number had not been procured by the investigating agency.
Ajay, while in judicial custody, filed the bail application, emphasizing that he had been falsely implicated and that there was no substantial evidence connecting him to the alleged crime.
Judgment:
After considering the arguments of both parties and reviewing the available evidence, the High Court granted bail to Ajay. The Court was not satisfied with the prosecution’s case, particularly regarding Ajay’s alleged connection to the mobile number in question. It was noted that there was no evidence to suggest that Ajay had used the mobile number or that the SIM card was issued in his name.
The Court ordered that Ajay be released on bail upon furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each. However, it emphasized that the findings and observations made were for the limited purpose of adjudicating the bail application and should not prejudice the trial court’s proceedings.
As a result, bail was granted to Ajay, and he would be released from custody while the trial continued.
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Written by Yagya Agarwal