Rakesh Kumar Alias Kaku v. State Of Punjab

E HIGH COURT OF PUNJ IN THE JAB AND HARYANA ARH AT CHANDIGA e of Decision: July 25, 2024 Date ........Petitioner RAKESH KUM STATE OF PU CORAM: HO

Present:

M M MAR ALIAS KAKU

Versus

UNJAB ........Respondent ON'BLE MR. JUSTICE HARK KESH MANUJA Mr. PKS Phoolka, Advocate for r the petitioner .

Mr. Siddharth Sandhu, AAG, P Punjab.

**** ANUJA, J. (ORAL) HARKESH MA By y way of this second petitio on, filed under Section 439 CrPC, prayer has been made for grant of re egular bail to the petitioner in n case bearing FIR No.116 dated 22.06.202 23 registered under Sections s 21 (C) & 29 of NDPS and Section 25 of Arms Act, 1959 at P.S.

Talwandi Sab bo, District Bathinda where ein the petitioner has been n implicated with h the alleged recovery of 350 grams of heroin.

2.

Le earned counsel for the pet titioner submits that in the e present case, the petitioner was never ap pprehended on the spot, but t was implicated d on the basis of disclosure statement made by Sukhdev v Singh alias So ona, who in turn was implicate ed on the disclosure made by y Jagdeep Sing gh alias Jaggu and Gurpreet Singh alias Pita from whom m the recovery of 350 grams of heroin was s effected. Learned counsel l thus, submits s that evidentiary value of t the disclosure made by co- - accused Sukh hdev Singh alias Sona was to be dealt with during trial and

-2at this stage, considering the fact that the petitioner is behind the bars for the last almost 1 year and 7 months and the trial is likely to take some time, he deserves the concession of regular bail. He also submits that the co-accused namely Jagdeep Singh @ Jaggu and Gurpreet Singh @ Pita from whom the recovery was effected have already been released on bail by the trial Court itself. No other argument has been addressed.

3.

Learned State counsel vehemently opposes the prayer made in the petition while referring to the antecedents of the petitioner who is stated to be involved in three more cases under NDPS Act besides number of cases involving the provisions of Indian Penal Code. 4.

I have heard learned counsel for the parties and gone through the paper-book. I am unable to find substance in the submissions made by learned counsel for the petitioner. 5.

No doubt, the petitioner in the present case has been implicated on the basis of disclosure statement made by one Sukhdev Singh alias Sona, however, considering his past antecedents wherein, the petitioner is stated to be involved in many other cases involving the provisions of NDPS Act as well as IPC, including the Arms Act, in the humble opinion of this Court, the petitioner does not deserve the concession of bail merely for the reasons that the co-accused from whom the recovery has been effected has already been granted concession of regular bail. Details of the other cases registered against the petitioner are given hereunder:- -3-

S.

No .

FIR No.

U/s P.S.

Status 1.

dated 22.05.2018 307/34 of IPC and 25/27/54/59 of Arms Act Bajakhana, Faridkot On bail 2.

dated 30.05.2018 392/120B/34 of IPC and 25/54/59 of Arms Act Civil Lines, On Bail 3.

dated 27.02.2018 392 of IPC and 25/54/59 of Arms Act Patran Not on Bail 4.

130 dated 04.05.2018 379-B, 324, 34 of IPC City Rajpura Not on bail 5.

dated 23.05.2020 21/29/61/85 of NDPS Act S.G.N. Dev TRML Plant On bail 6.

138 dated 08.11.2019 52-A of Prison Act Cantt Bathinda On bail 7.

dated 16.01.2022 52-A of Prison Act and 21/61/85 of NDPS Act City Ferozepur On Bail 8.

dated 29.05.2023 25/54/59 of Arms Act S.G.N.

DevTRML Plant On bail 9.

108 dated 28.11.2022 21-B, 29, 61, 85 of NDPS Act S.G.N.

DevTRML Plant On Bail 10.

dated 12.01.2021 52-A Prison Act Cantt Bathinda On bail 11.

dated 10.05.2024 21 B, 21 and 29 of NDPS Act S.G.N.

DevTRML Plant On Bail 12.

164 dated 01.04.2024 52-A of Prison Act City, Ferozepur Not on Bail 13.

101 dated 08.06.2018 22/61/85 of NDPS Act and 25/54/59 of Arms Act Baghapuran a Convicted 14.

dated 05.03.2018 382/379-B/34 IPC Morinda Acquitted 15.

113 dated 21.11.2017 307, 341, 148, 149 of IPC and 25 of Arms Act S.G.N.

DevTRML Plant Acquitted 16.

dated 18.04.2018 379-B of IPC Qadian Acquitted/ Discharged not released 17.

183 dated 19.09.2017 Acquitted/ Discharged not released 18.

108 dated 01.01.2018 382/323/34 of IPC and 25/54/59 of Arms Act Urban Estate, Patiala 379-B of IPC Civil Lines Acquitted 19.

dated 11.03.2018 302, 307, 148, 149 of IPC and 25 of Arms Act Mukatsar City Acquitted 20.

135 dated 24.07.2017 382, 341 323, 148 and 149 and 25, 27, 54 and 59 of Arms Act Jalalabad Acquitted 21.

129 dated 19.08.2018 392/120-B/34 of IPC Civil Lines Production warrants 22.

dated 07.03.2022 52-A Prison Act Cantt.

Bathinda Production warrants

-46.

It is more than settled that while dealing with the application for grant of regular bail, the allegations and the antecedents of each individual/accused have to be considered and appreciated exclusively and independently.

7.

For the aforesaid reasons, finding no merits in the present petition, the same is thus dismissed.

25.07.2024 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No