[2023:RJ-JD:35591] (1 of 3) [CRLMB-13135/2023] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13135/2023 Khandu @ Rahul @ Kalu S/o Shri Rajendra @ Chinni, Aged About 30 Years, R/o Ward No. 17 Dabli Ralthan Tehsil And Dist. Hanumangarh Raj. At Present Lodged In Dist. Jail Hanumangarh
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Ms. Priya Bishnoi For Respondent(s) : Mr. Vikram Sharma, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR Order 18/10/2023 This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.277/2018 registered at Police Station Sadar Hanumangarh District Hanumangarh, for offences under Sections 8/21, 22 & 29 of NDPS Act and under Sections 18(C), 27(B) (II) of the Drugs & Cosmetic Act.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that as per the prosecution story, 2490 tablets containing narcotic substance Tramadol weighing 382.5 gms, were recovered at the instance of the co-accused Amreek Ram. Learned counsel for the petitioner submitted that the petitioner has been (Downloaded on 12/11/2023 at 07:52:21 AM) [2023:RJ-JD:35591] (2 of 3) [CRLMB-13135/2023] implicated in the present case solely on the basis of the disclosure statement of the co-accused Amreek Ram from whose conscious possession the alleged contraband greater than commercial quantity was recovered. It was further submitted that the petitioner is in judicial custody since 03.08.2019 and till date out of 11 prosecution witnesses, only one prosecution witness has been examined before the trial Court. Learned counsel further submitted that the delay in trial is not at all attributable to the present petitioner.
Learned counsel placed reliance on judgment/order in the case of Rabi Prakash Vs. State of Orisa (Leave to Appeal (Criminal) No.4169/2023 passed by Hon'ble the Supreme Court wherein it was observed that delay in trial can be considered while releasing an accused on bail despite the embargo contained in Section 37 of NDPS Act.
Learned counsel for the petitioner further submitted that co- accused Amreek Ram from whose conscious possession the contraband greater than commercial quantity was recovered has already been enlarged on bail by the co-ordinate Bench of this Court on 25.05.2023, in S.B. Criminal Misc. Bail Application No.6164/2023. The trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.
Per contra, learned Public Prosecutor has opposed the bail application. He submitted that the petitioner is a habitual offender. And looking to the seriousness of the accusations against the present petitioner, he does not deserve to be enlarged on bail. (Downloaded on 12/11/2023 at 07:52:21 AM)
[2023:RJ-JD:35591] (3 of 3) [CRLMB-13135/2023] However, he was not in position to refute the fact that co- accused Amreek Ram from whose possession the psychotropic substance was recovered has already been enlarged on bail.
Having considered the rival submissions, facts and circumstances of the case and the judgment passed by Hon'ble the Supreme Court in the case of Rabi Prakash Vs. State of Orisa (Leave to Appeal (Criminal) No.4169/2023; the criminal trial has hardly reached the half-way mark and also the fact that co- accused Amreek Ram has already been enlarged on bail, this Court without expressing any opinion on merits/demerits of the case, is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Khandu @ Rahul @ Kalu S/o Shri Rajendra @ Chinni arrested in connection with F.I.R. No.277/2018 registered at Police Station Sadar Hanumangarh District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he 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 his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J 207-divya/-
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