IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 5895/2009 Banti @ Mahendra vs. State of Rajasthan Dated : 06.08.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Rohan Jain, for the petitioner. Mr. Amit Poonia, Public Prosecutor for the State. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Rohan Jain Advocate on behalf of the applicant Banti @ Mahendra pertaining to FIR No. 183/2007 registered at police station Bhawani Mandi, District Jhalawar in the offences under Sections 8/15 and 8/29 of the N.D.P.S. Act. 2. Heard the learned counsel for the petitioner, learned Public Prosecutor appearing for the State and perused the material available on record. 3. Learned counsel for the petitioner has canvassed that 170 kgm. of Doda Chura filled in eight bags is alleged to have been found in Qualis Vehicle RJ-17/14/06 C-5897. This vehicle was standing unclaimed on the road. Neither the petitioner is registered owner of this vehicle nor he was driving the same. The driver Rajendra Singh of this vehicle has yet not been arrested by the police and the owner of this vehicle has not been made accused in this case. The co- accused of this case Gordhan Singh has already been enlarged on bail by the co-ordinate Bench. There is not even a shred of evidence which may connect the petitioner with the alleged offences of the instant case. Nothing has been recovered from his possession or at his instance, as such, he may be granted indulgence of bail. 4. Learned Public Prosecutor has opposed the bail petition on the ground that the Doda Chura belonged to the petitioner. He is involved in one more criminal case and was arrested on the basis of admission which he made before the police, hence, he should not be granted bail. 5. Having considered the submissions made at the bar and carefully scanned the relevant material available on record, it is noticed that the petitioner is neither registered owner of the vehicle nor was driver and 170 kgm Doda Chura is not found to have been recovered from his possession. Under any provision of law, accused petitioner could not be made an accused on the basis of his admission. The provisions of Article 20(3) of the Constitution of India prohibits the same, hence, I, without expressing any opinion on the merits of the case, deem it just and proper to grant bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Banti @ Mahendra S/o. Bhagirath @ Bhakha Ram in FIR No. 183/2007 registered at police station Bhawani Mandi, District Jhalawar shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- together with two surety bonds each of Rs. 25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- 12