NARAYAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application has been filed by petitioner Narayan Lal under Section 439, Cr. P.C. for grant of bail. He is facing trial for offence under Sections 8/18, 8/29 of the N.D.P.S. Act.

(2.) It is contended by the learned counsel that as no recovery has been made from the petitioner, he is entitled to be released on bail. The learned counsel has placed reliance on the order of this Court dated 19-6-2003 passed in S.B. Criminal Misc. Bail Application No. 1907/2003, wherein in such circum-stances the court granted anticipatory bail under Section 438 Cr. P.C. He has also placed reliance on another order dated 20th January, 2003 passed in S.B. Criminal Misc. Bail Application No. 3480/2002. In the said case the bail was granted on the ground that evidence of the co-accused recorded by the police was not admissible in evidence and there was no other evidence except of the co-accused. In another order dated 17/6/2003 the rendered in S.B. Criminal Misc. Bail Application No. 1890/2003 the court found that the accused was sought to be impleaded on the basis of interro-gation of the co-accused. The court accepting the contention of the counsel to the effect that the information given by the co-accused against the applicant accused was not admissible in evidence and hence it was found to be a fit case for bail. The learned counsel has also placed reliance on Bhinya Ram v. State of Rajasthan and Mangi Lal v. The State of Rajasthan.

(3.) I have carefully gone through all the orders referred to by the learned counsel. With utmost respect, the view taken by the learned Judge in the afore-said cases runs counter to the various decisions of the Apex Court.