Sunil Son Of Shri Ganpat Singh ... vs State Of Rajasthan
2022 Latest Caselaw 2686 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

  S.B. Criminal Miscellaneous IV Bail Application No. 4419/2022

Sunil Son Of Shri Ganpat Singh Rajput, Resident Of Gadli, Tehsil
Buhana, District Jhunjhunu (Rajasthan) ( At Present Confined At
Sub Jail Khetri)
                                                            ----Accused/Petitioner
                                       Versus
State Of Rajasthan, Through Its P.p.
                                                                         ----Respondent

For Petitioner(s) : Mr. R.C. Gouttam with Mr. Rohit Gautam For Respondent(s) : Mr. Ramesh Choudhary, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

30/03/2022 The present fourth bail application has been filed under

Section 439 Cr.P.C. The petitioner has been arrested in connection

with FIR No.144/2020 registered at Police Station Buhana, District

Jhunjhunu for the offence(s) under Section(s) 8/20 of NDPS Act,

1985 (for brevity, "the Act of 1985").

Drawing attention of this Court towards cross-examination of

Ratan Singh (PW1), learned counsel for the petitioner submitted

that there has been non-compliance of Section 50 (1) of the Act of

1985 and hence, the petitioner, who is in custody since

27.10.2020, is entitled for benefit of bail. He, in support of his

submission, relied upon a Delhi High Court judgment dated

14.01.2020 in case of Innocent Uzoma Vs. State.

Learned Public Prosecutor has opposed the fourth bail

application.

                                                                           (2 of 2)                   [CRLMB-4419/2022]


                                           Heard. Considered.

The first bail application of the petitioner was dismissed by

this Court vide its order dated 24.11.2020. Thereafter, his second

bail application was dismissed vide order dated 26.03.2021. His

third bail application, after recording statements of two

prosecution witnesses, was dismissed by this Court vide its order

dated 30.06.2021. It was also taken note of therein that in similar

case under the provisions of the Act of 1985, he was extended

benefit of bail by the Hon'ble Punjab and Haryana High Court vide

order dated 23.02.2018; but, misusing his liberty of bail, he has

indulged in similar offence again. Ratan Singh happens to be one

of the prosecution witnesses and a number of material prosecution

witnesses are yet to be examined. In view thereof, merely relying

upon his cross-examination, the petitioner cannot be extended

benefit of bail.

In view of the nature and gravity of allegation against the

petitioner, he does not deserve indulgence of bail.

Resultantly, the fourth bail application is dismissed.

However, looking to the length of custody of the petitioner,

the learned trial Court is requested to expedite trial of the case.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/12

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