Rajasthan High Court - Jodhpur
Om Prakash vs Union Of India Through Ncb ... on 17 April, 2023
Bench: Kuldeep Mathur
[2023/RJJD/010218]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 15536/2022
Om Prakash S/o Mathura Lal, Aged About 50 Years, Sarod, Teh.
Pachpahad, Dist. Jhalawar (Raj.). (At Present Lodged At Central
Jail, Bikaner).
----Petitioner
Versus
Union Of India Through NCB, Through PP
----Respondent
For Petitioner(s) : Mr. R.K. Charan.
For Respondent(s) : Mr. M.R. Pareek, Special PP for NCB.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
17/04/2023
Heard learned counsel for the petitioner as also the learned
Public Prosecutor and perused the material available on record.
This second 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.VIII(IO)/01/NCB/ASZ/2017 registered at Police
Station NCB, Bikaner, District Bikaner, for offences under Sections
8/18 and 25 of the NDPS Act.
The applicant herein is in custody since 25.03.2017. He has
filed the present second bail application on the ground that trial is
being delayed by the prosecution and he is in incarceration
without any fault on his part.
Learned counsel Shri R.K. Charan representing the petitioner
submitted that the trial on this case commenced on 27.02.2018
but thereafter, the prosecution has delayed the proceedings by not
[2023/RJJD/010218] (2 of 3) [CRLMB-15536/2022]
producing the prosecution witnesses. He urged that the last
prosecution witness appeared in the witness box before the
competent criminal court on 20.11.2019 and thereafter, despite
repeated orders of the trial court, the witnesses have not turned
up and consequently, they have not been examined. Learned
counsel further submitted that out of 10 cited prosecution
witnesses, 6 have been examined, as per him, in view of the fact
that prosecution witnesses have not turned up for examination
since 20.11.2019, there is no likelihood whatsoever that the trial
would be concluded in near future. He urged that the applicant,
who does not have any other case under the NDPS Act against
him, deserves to be enlarged on bail on the ground of delay in
conclusion of the trial. In support of his contention, he placed
reliance on the order dated 06.05.2019 passed by a Coordinate
Bench of this Court in the case of Omaram @ Om Prakash Vs.
State of Rajasthan (S.B. Criminal Misc. II Bail Application
No.2392/2019) and the judgment of Hon'ble the Supreme Court
in the cases of Thana Singh vs. Central Bureau of Narcotics
reported in (2013)2 SCC 590 and Union of India vs. K.A.
Najeeb reported in (2021)3 SCC 713.
Per contra, learned Public Prosecutor has opposed the bail
application. However, he is not in a position to dispute the fact
that the prosecution witnesses have not turned up for examination
since 20.11.2019. He is also not in a position to explain the
reasons as to why the prosecution witnesses are not turning up
despite repeated orders of the trial court.
[2023/RJJD/010218] (3 of 3) [CRLMB-15536/2022]
Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is of the opinion that the
second bail application filed by the petitioner deserves to be
accepted.
Consequently, the second bail application under Section 439
Cr.P.C. is allowed. It is ordered that the accused-petitioner Om
Prakash S/o Mathura Lal arrested in connection with F.I.R.
No.VIII(IO)/01/NCB/ASZ/2017 registered at Police Station NCB,
Bikaner, District Bikaner, shall be released on bail, if not wanted in
any other case, provided he furnishes a personal bond of
Rs.1,00,000/- (Rupees One Lac) and two sureties of Rs.50,000/-
(Rupees Fifty Thousand) 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
35-Tikam/-
Powered by TCPDF (www.tcpdf.org)
