Rajasthan High Court – Jodhpur
Aditya vs State Of Rajasthan on 22 April, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:18988]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 2615/2025
Ismail Ajmeri S/o Noor Mohammad Ajmeri, Aged About 46 Years,
R/o Malyakhedi , P.s. Yd Nagar, Dist Mandsor(Mp) (Lodged In
Dist Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous 2nd Bail Application No. 2616/2025
Aditya S/o Manohar Lal Jain, Aged About 28 Years, R/o Saket
Nagar , Nai Aabadi Mandsaur, P.s. Kotwali Mandsaur, Dist
Mandsaur (M.P.) (Presently Lodged In Dist Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
Mr. Ashok Khilery
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
22/04/2025
1. These second bail applications under Section 439 of Cr.P.C.
(483 of BNSS) have been filed by the petitioners who have been
arrested in connection with F.I.R. No.76/2024 registered at Police
Station Sadar Nimbahera, District Chittorgarh, for the offences
under Sections 8/15, 25 and 29 of the NDPS Act.
2. The first bail applications filed on behalf of the petitioners
were dismissed by this Court while granting them liberty to file
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fresh bail application(s) after recording of the statements of the
Investigating Officer as well the witness- Rohit Mali.
3. Learned counsel for the petitioners contended that the
petitioners have been falsely implicated in the present case.
Learned counsel submitted that the petitioners have been
implicated in the present case solely on the basis of suspicion as
well as the disclosure statements of the co-accused Baljinder
Singh as well as Narvel Singh from whose conscious possession
contraband (poppy husk/straw) weighing 22 quintals and 21.700
kgs. has been recovered.
4. Drawing attention of the Court towards the challan papers as
well as the statements of the witness Rohit Mali recorded under
various Sections of Cr.P.C., learned counsel submitted that the
petitioners have been implicated in the present case on the basis
of certain whatsapp calls exchanged between the petitioners as
well as the co-accused- Baljinder Singh and Narvel Singh. Learned
counsel further submitted that it is the case of the prosecution
that on 26.07.2023, the petitioner- Aditya had borrowed the
mobile phone of the witness Rohit Mali for inserting his sim therein
and after getting the whatsapp account associated to that sim
number created in that phone, had removed the sim from it.
Learned counsel submitted that the witness Rohit Mali has not
supported the prosecution story and has turned hostile during the
course of trial. Learned counsel further contended that apart from
the disclosure statements of the co-accused as well as the
petitioners, there is no evidence worth a mention available on
record in form of call details or transcript thereof to indicate the
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complicity of the petitioners in commission of the alleged crime. It
was also contended that the case of the present petitioners is not
distinguishable from that of the co-accused Mubarik Ajmeri (S.B.
Criminal Misc. 2nd Bail Application No.8898/2024) who has already
been enlarged on bail by this Court vide order dated 05.03.2025.
5. Lastly, learned counsel submitted that the petitioners are in
judicial custody; the petitioners do not have any criminal
antecedents; and the trial of the case will take sufficiently long
time, therefore, the benefit of bail may be granted to the accused-
petitioners.
6. Per contra, learned Public Prosecutor has vehemently
opposed the bail application. However, he was not in a position to
refute the fact that the co-accused Mubarik Ajmeri has already
been enlarged on bail by this Court.
7. Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
8. Having considered the rival submissions, facts and
circumstances of the case so also having perused the statements
of the I.O. (PW.2) as well as those of the witness Rohit Mali (PW.1)
recorded during the course of trial before the competent criminal
Court, this Court prima facie finds that in the present case, the
contraband (poppy husk/straw) weighing 22 quintals and 21.700
kgs. was recovered from the conscious possession of the co-
accused Baljinder Singh and Narvel Singh. Further, they were
found to be in touch with the petitioner- Ismail as well as co-
accused Bhaga Singh through whatsapp calls. The prosecution has
tried to establish a link between the present petitioners as well as
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the co-accused on the basis of the statements of witness Rohit
Mali recorded under Section 161 Cr.P.C,. wherein he had deposed
that he knew the petitioners who had come to meet him and also
had used his phone for creating whatsapp account, however, the
witness Rohit Mali during the course of trial has denied having any
acquaintance with the present petitioners and has been declared
hostile.
9. Upon a perusal of the statements of the Investigating Officer
Ram Sumer (PW.2), this Court prima facie finds that the I.O.
during his statements recorded in trial has clearly stated that
there is no information recorded at the instance of the petitioners
that they were in contact with the co-accused of the case and
apart from the disclosure statements of the co-accused and that of
the petitioners themselves and the statements of witness Rohit
Mali, there is no other direct evidence indicating the connection
between the co-accused as well as the petitioners.
10. The relevant portion of the statements of witness Rohit Mali
(PW.1) as well as the statements of the I.O. (PW.2) are
reproduced below:-
“jksfgr ekyh ¼ih-MCY;w- 01½ %&
eSa eanlkSj ds ikl esa xkao esuiqfj;k esa psrU; vkJe ds ikl esa jgrk gwaA eSa ekek ds
ogk ij jgrk FkkA eSa lkdsruxj eanlkSj esa fdjk;s ij jgk gwaA esjs iM+ksl esa dksbZ vkfnR;
tSu ugh jgrk FkkA eSa bZLekbZy dks Hkh ugh tkurk gwaA vkfnR; o bZLekbZy o esjs e/; dksbZ
ckrphr ugh Fkh uk dksbZ feyuk tqyuk FkkA esjk eksckby xqe x;k FkkA fdl fnukad dks
xqek Fkk vkt ;kn ugh gSA eSa fdlh ?kVuk ;k eqdnes ds ckjs esa ugha tkurk gwaA——–”
“jkelqesj ¼vuqla/kku vf/kdkjh½ ¼ih-MCY;w- 02½ %&
(Downloaded on 22/04/2025 at 10:05:00 PM)
[2025:RJ-JD:18988] (5 of 6) [CRLMB-2615/2025]“ftjg vfHk;qDr vkfnR; tsu dh vksj ls vf/koDrk Jh fd”kuyky vghj }kjk%&
——-;g lgh gS fd vkfnR; dk dksbZ ltk;kch fjdksMZ ugh FkkA ;g lgh gS
fd vkfnR; tsu bLekby oxsjk vFkok eq[; vfHk;qDrx.k cyftanj o ujosyflag ls feyk
gks o MksMkpqjk fy;k gks ,slh dksbZ Lora= izR;{k o vizR;{k lk{; ugh feyh vt[kqn dgk
fd eqyfteku dh lqpuk o jksfgr ekyh ds c;ku gSA ;g dguk xyr gS fd vkfnR; tsu
ij /kkjk 8@29 ,uMhih,l ,DV dk dksbZ vkjksi ugh curk gks o esaus mls >qBk fxjQrkj
dj fy;k gksA ;g lgh gS fd ,slh dksbZ “kgknr ugh gS fd vkfnR; us dgh :i, fn;s gksA
;g lgh gS fd tgk vkfnR; tsu] jksfgr ekyh dks gksVy esa crk;k gS ml gksVy lapkyd
ds c;ku ugh fy;s o vU; fdlh Lora= xokg ds c;ku vkfnR; tsu ds fy;s ugh
fy;sA ;g dguk xyr gS fd vkfnR; tsu dh lHkh QnksZ ij esusa Fkkus ij gLrk{kj dj fn;s
gks o vkfnR; tsu funksZ’k gksA—–
ftjg vfHk;qDr bLekbZy dh vksj ls vf/koDrk Jh vetn [kku] fd”kuflag
xkMsu }kjk %&
——-eq>s jksfgr ekyh us c;kuks esa vkbZb,evkbZ uacj ugh crk;k Fkk og eksckby dgk
ls [kjhnk x;k Fkk blds lac/k esa esaus vuqla/kku ugh fd;kA jksfgr ekyh ds eksckby uacj
7828151584 dh dsQ vkbZMh dkWy fMVsy nksjkus vuqla/kku esjs }kjk izkIr ugh dh xbZA
jksfgr ekyh dk eksckby ysdj esjs }kjk vuqla/kku ugh fd;k x;k FkkA bLekbZy dh 27
lk{; vf/kfu;e dh ,slh dksbZ lqpuk ugh gS fd mlus cyftanjflag] ujosyflag o vU;
vkjksihx.k ls dksbZ okrkZ dh gksA bLekbZy ds lac/k esa iqfyl ds le{k fd;s x;s laLohd`fr
c;kuks ds vfrfjDr vU; dksbZ Lora= lk{; ugh vkbZ Fkh vt[kqn dgk fd jksfgr ekyh us
c;ku esa bLekbZy ds fy;s dgk FkkA jksfgr ekyh ds c;ku esa og O;fDrxr rkSj ls bLekbZy
dks tkurk gks ,slk ugh vk;k FkkA esaus nksjkus vuqla/kku jksfgr ls bLekbZy dh igpku ugh
djkbZ FkhA ”
11. Thus, in light of the aforesaid discussion, this Court prima
facie finds that apart from the disclosure statements of the
petitioners themselves as well as those of the co-accused of the
case, there is no other direct evidence available on record, prima
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facie indicating the involvement of the petitioners in commission
of the alleged crime. Therefore, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioners on bail.
12. Consequently, these bail applications under Section 439 of
Cr.P.C. (483 of BNSS) are allowed. It is ordered that the accused-
petitioners namely (1) Ismail Ajmeri S/o Noor Mohammad
Ajmeri and (2) Aditya S/o Manohar Lal Jain arrested in
connection with F.I.R. No.76/2024 registered at Police Station
Sadar Nimbahera, District Chittorgarh, shall be released on bail, if
not wanted in any other case, provided each of them furnishes a
personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-
each, to the satisfaction of learned trial court, for their appearance
before that court on each & every date of hearing and whenever
called upon to do so till completion of the trial.
13. It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
14. A copy of this order be placed in each file.
(KULDEEP MATHUR),J
272-divya/-
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