Hukam Singh @ Hukiya vs State Of Rajasthan ...
2023 Latest Caselaw 2880 Raj

[2023/RJJD/009347]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 2160/2023

Hukam Singh @ Hukiya S/o Sh. Hadmanaram, Aged About 24 Years, B/c Jat, R/o Vill. Sevaniyal, P.s. Baytu, Presently R/o Budsara, P.s. Baytu, Dist. Barmer (Raj.). (Presently Lodged In Dist. Jail, Jalore).

                                                                   ----Petitioner
                                     Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Pradeep Shah
For Respondent(s)          :    Mr. MS Bhati, PP



           HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                                     Order

10/04/2023

The petitioner has been arrested in connection with FIR

No.66/2019 of Police Station Nosra, District Jalore, for the offence

punishable under Sections 8/15 of NDPS Act. He has preferred this

second bail application under Section 439 Cr.P.C.

The first bail application was dismissed on 02.09.2022 with

liberty to file afresh after recording the statement of Recovery

Officer.

Learned counsel for the petitioner submits that both the

Recovery Officer Shri Asu Singh and the first Investigating Officer

Shri Kheemdan have expired during the course of trial. Counsel

submits that now PW-1 Sawai Singh has been examined before the

trial court and according to recovery memo, all the 23 gunny bags

were opened and spread on a carpet and were mixed and thereafter

samples were taken from the mixed poppy straw and were sent for

FSL. Counsel has placed reliance upon the judgments rendered in the

cases of Netram Vs. State of Rajasthan reported in 2014(2) WLN 394

[2023/RJJD/009347] (2 of 2) [CRLMB-2160/2023]

(Raj.) and Nagu Singh Vs. State of Rajasthan reported in 2016(3)

WLN 310 (Raj.) and upon the orders of this Court in SB Cr. Misc. Bail

Application No.1603/2018, Ram Lal Vs. State decided on 27.02.2018

and SB Cr. Misc. Bail Application No.4299/2018, Bheru Lal Vs. State

decided on 30.07.2018, in the said cases also the samples were

taken from all the bags and only two samples were sent for FSL and

this Court granted bail to the accused. Counsel submits that the case

of the present petitioner is on identical footing and the petitioner is in

custody since long and trial of the case will take sufficient long time

to be concluded. In these circumstances, the second bail application

may be allowed and the petitioner may be released on bail.

Learned Public Prosecutor has vehemently opposed the second

bail application.

Having regard to the totality of the facts and circumstances of

the case, without expressing any opinion on the merits of the case, I

deem it just and proper to grant bail to the accused petitioner under

Section 439 Cr.P.C.

Accordingly, the second bail application filed under Sec.439

Cr.P.C. is allowed and it is directed that petitioner Hukam Singh @

Hukiya S/o Sh. Hadmanaram shall be released on bail in connection

with FIR No.66/2019 of Police Station Nosra, District Jalore provided

he executes a personal bond in a sum of Rs.2,00,000/- with two

sound and solvent sureties of Rs.1,00,000/- each to the satisfaction

of learned trial court for their appearance before that court on each

and every date of hearing and whenever called upon to do so till the

completion of the trial.

(MANOJ KUMAR GARG),J 100-MS/-

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