Rajasthan High Court - Jodhpur
Ashok Kumar vs State Of Rajasthan (2025:Rj-Jd:34016) on 1 August, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:34016]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2580/2025
Ashok Kumar S/o Pokhar Ram, Aged About 32 Years, R/o Vishnu
Ki Dhani, P.s. Bilara, Dist Jodhpur. (Presently Lodged In
Chittorgarh Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Sameer Pareek, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order 01/08/2025
1. The instant bail application has been filed by the petitioner under Section 483 BNSS who has been arrested in connection with the FIR No.159/2021 dated 23.06.2021 registered at the Police Station Sadar Chittorgarh District Chittorgarh for the offences under Sections 8/18 of the NDPS Act.
2. The case of the prosecution is that on 26.03.2021, SHO Police Station Sadar Chittorgarh along with his police team intercepted the offending car i.e. Fortuner bearing Registration No. RJ-14-UF-3764. Upon searching the same, the contraband (Opium) weighing 78 Kgms was recovered in 3 plastic sacks. He further submits that the contraband was recovered from the abandoned vehicle and further, the petitioner was not arrested on the spot. He further submits that the petitioner is in custody since 31.5.2022 and the petitioner has no previous criminal antecedents of similar nature. Learned counsel for the petitioner submits that (Downloaded on 01/08/2025 at 11:22:05 PM) [2025:RJ-JD:34016] (2 of 3) [CRLMB-2580/2025] out of 49 prosecution witnesses, only 5 prosecution witnesses have been examined till date and with this submission, he placed reliance upon the judgments rendered by the Hon'ble Apex Court in the cases of Rabi Prakash v. State of Orissa (Leave to Appeal (Criminal) No.4169/2023) and Mohd. Muslim @ Hussain v. State [(NCT of Delhi) (Special Leave Petition (Crl.) No(s).915 of 2023].
3. In compliance of the order dated 02.07.2025, the status report of the trial dated 28.07.2025 has been produced before this Court which indicates that out of 49 prosecution witnesses only 5 prosecution witnesses have been examined till date.
3. E-converso, learned Public Prosecutor opposes the bail application, however, is not in a position to refute the fact that the petitioner is in custody since 31.05.2022 and the fact that out of 49 prosecution witnesses only 5 prosecution witnesses have been examined till date.
4. Having considered the submissions advanced at Bar by learned counsel for the parties and having regard to the entirety of facts and circumstances of the case as available on record; and looking to the fact that the petitioner is in custody since 31.05.2022 and the fact that out of 49 prosecution witnesses only 5 prosecution witnesses have been examined till date and the fact that trial may take a long time to conclude and, without expressing any opinion on the merits/demerits of the case, this Court deems it fit to enlarge the petitioner on bail.
5. Consequently, the bail application is allowed. It is ordered that the accused petitioner Ashok Kumar S/o Pokhar Ram arrested in connection with FIR No.159/2021 dated 23.06.2021 registered at the Police Station Sadar Chittorgarh District Chittorgarh shall be released on bail; provided he furnishes a (Downloaded on 01/08/2025 at 11:22:05 PM) [2025:RJ-JD:34016] (3 of 3) [CRLMB-2580/2025] personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court, with a stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DR. NUPUR BHATI),J 263-/devesh/-
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