1 S.B.Cr.Misc. II Bail App. No. 954/2008 (Het Ram Vs. State of Rajasthan) Date of order : 12/03/2008 HON'BLE MR.H.R.PANWAR, J. Mr. B.S.Rathore for the petitioner. Mr. J.P.S.Choudhary, Public Prosecutor. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the order impugned and challan papers. It is contended by learned counsel for the petitioner that on 14.5.2007 the police had a Nakabandi and in the Nakabandi the police intercepted a vehicle Scorpio carrying poppy straw. In the said vehicle, there were three persons occupant of the vehicle, one of the occupant Subhash was caught by the police and two persons ran away. Subhash disclosed that the persons who ran away were Devendra and Kishan. The police investigated the matter and recorded the statements of various persons. So far as the evidence sought to connect the petitioner with the commission of crime as stated by learned counsel for the petitioner is the statement of Ugamchand, Manager of Hotel Samrat who stated that Devendra and the present petitioner who are residents of Bikaner came to his hotel and stayed in a room. The other witness Mangilal stated that petitioner, Kishan and Subhash together were seen in Merta a day prior to the date of 2 occurrence. Hetram S/o Bharmal, the other witness stated that the petitioner and Devendra stayed in Hotel Samrat situated at Ajmer-Nagaur Road on the date of occurrence. Learned counsel for the petitioner submits that the police has filed challan against Subhash and Kishan, however, no challan has been filed against Devendra who at the relevant time was staying in Hotel Samrat. According to learned counsel, it is the consistent case of the prosecution that Devendra and present petitioner both stayed in hotel as per the statement of witnesses noticed above. According to learned counsel for the petitioner, there is absolutely no evidence connecting the petitioner with the commission of crime. Learned public prosecutor submits that the only evidence against the petitioner is that after his arrest he has shown a place from where the poppy straw said to have been loaded in the vehicle Scorpio. On close scrutiny of the entire challan papers, in my view, there is hardly any evidence even prima-facie connecting the petitioner with the commission of crime. Even the challan papers as available are taken on its face value, there is hardly any reason to believe that the petitioner committed the offence and more particularly when no case has been found against Devendra with whom the petitioner also stayed in the Hotel on the relevant date of occurrence. In the circumstances, therefore, having regard to the facts and circumstances of the 3 case and having considered the oral arguments advanced by both the parties, I think it just and proper to enlarge the accused petitioner on bail. Accordingly, this bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Het Ram S/o Sahi Ram Bhuwal be released on bail in CR No.182/2007 P.S. Chanderia provided he executes a personal bond for a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR), J. RP