Ashok Ram vs State Of Rajasthan ...
2023 Latest Caselaw 3415 Raj

[2023/RJJD/011360]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 15438/2022

Ashok Ram S/o Sh. Bhalla Ram, Aged About 32 Years, R/o Beniwal Ki Dhani Golia Magra Ps Luni Dist. Jodhpur (Presently Lodged In Dist. Jail Rajsamand)

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

----Respondent

For Petitioner(s) : Mr. R.S. Gill For Respondent(s) : Mr. B.R. Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

21/04/2023

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR

No.161/2017 of Police Station Charbhuja, District Rajsamand

for the offence(s) punishable under Section(s) 8/15, 8/25 of

the NDPS Act and Section 482 IPC. He/she/they has/have

preferred this/these third bail application(s) under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that

the earlier bail application of the petitioner was dismissed by

this Court on 10.12.2020. It is further submitted that as per

the prosecution story, the petitioner was apprehended while

[2023/RJJD/011360] (2 of 3) [CRLMB-15438/2022]

transporting 110 kgs of poppy husk illegally. It is also

submitted that the petitioner was arrested on 21.11.2017 and

as per the charge-sheet, the prosecution is required to

examine total 26 witnesses, however, out of which, only 8

witnesses have been examined till date.

Learned counsel for the petitioner has placed reliance on

the decision dated 28.3.2023 rendered by the Hon'ble

Supreme Court in Mohd Muslim @ Hussain Vs. State (NCT

Delhi) [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.

Learned Public Prosecutor has opposed the bail

application(s).

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 petitioner(s) under Section 439 Cr.P.C.

Accordingly, this/these third bail application(s) filed

under Section 439 Cr.P.C. is/are allowed and it is directed that

petitioner(s) - Ashok Ram S/o Sh. Bhalla Ram shall be

released on bail in connection with FIR No.161/2017 of Police

Station Charbhuja, District Rajsamand provided he/she/they

execute(s) a personal bond in the sum of Rs.1,00,000/- with

[2023/RJJD/011360] (3 of 3) [CRLMB-15438/2022]

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

satisfaction of learned trial court for his/her/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.

(VIJAY BISHNOI),J 42-msrathore/-

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