Aasharam vs State Of Rajasthan ...
2023 Latest Caselaw 3410 Raj

[2023/RJJD/011363]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 166/2023

Aasharam S/o Sh. Hurji, Aged About 43 Years, R/o Near Wori Talab, P.S. Ghantali, Dist. Pratapgarh. Presently Village Kankariya Thana Arnod, Dist. Pratapgarh (Presently Lodged At Dist. Jail, Pali).

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


For Petitioner(s)         :     Mr. Ram Niwas
For Respondent(s)         :     Mr. B.R. Bishnoi, PP



              HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

21/04/2023

Heard learned counsel for the petitioner as well as learned

Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.59/2019 of Police

Station Sadar, District Pali for the offences punishable under

Sections 8/18 & 29 NDPS Act. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, the Police has apprehended co-accused

Kishore while transporting 3.200 Kgs of opium on 29.03.2019. The

prosecution has alleged that the said narcotic contraband was

supplied by the petitioner to co-accused Kishore. The co-accused

Kishore has supplied information that he has received the said

narcotic contraband from the petitioner. Learned counsel for the

[2023/RJJD/011363] (2 of 3) [CRLMB-166/2023]

petitioner has submitted that except the said piece of evidence, no

other evidence is available on record against the petitioner.

Learned counsel has invited my attention towards the statements

of Investigating Officer (P.W.-05) and argued that in her cross-

examination, the Investigating Officer has clearly stated that

during the course of investigation, she has not collected any

evidence documentary or independent, which suggests that the

petitioner and co-accused Kishore are known or related to each

other in any manner. The investigating Officer has also specifically

stated that she has not collected any evidence such as call details,

etc. to prove the case between the co-accused and the petitioner.

Learned counsel has also submitted that the petitioner is in

custody since 27.06.2019 and out of total 27 prosecution

witnesses, only 5 witnesses have been examined till date. Learned

counsel has further submitted that the petitioner is entitled to be

enlarged on bail on the ground of delay in trial.

Learned counsel has placed reliance on the decision dated

28.03.2023 rendered by Hon'ble the Supreme Court in Mohd

Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave

Petition (Crl.) No(s).915 of 2023, wherein it is observed by the

Hon'ble Supreme Court that delay in trial can also be considered

for releasing accused person on bail despite the restrictions

imposed under Section 37 of the NDPS Act and in the light of the

judgment passed by the Hon'ble Supreme Court in Mohd Muslim

@ Hussain's case (supra), the petitioner is entitled to be enlarged

on bail.

Learned Public Prosecutor has opposed the bail application.

[2023/RJJD/011363] (3 of 3) [CRLMB-166/2023]

Having heard the learned counsel for the parties and after

going through the material available and in view of the judgment

passed by the Hon'ble Supreme Court in Mohd Muslim @ Hussain's

case (supra), 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, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Aasharam S/o

Sh. Hurji shall be released on bail in connection with FIR

No.59/2019 of Police Station Sadar, District Pali provided he

executes a personal bond in a sum of Rs.1,00,000/- with two

sound and solvent sureties of Rs.50,000/- each to the satisfaction

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

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

the completion of the trial.

(VIJAY BISHNOI),J

51-AjaySingh/-

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