Rajvinder Singh @ Raji vs State Of Rajasthan ...
2023 Latest Caselaw 3416 Raj

[2023/RJJD/011358]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 14998/2022

Rajvinder Singh @ Raji S/o Shri Baldev Singh, Aged About 24 Years, B/c Raisikh R/o Mahuana Bodla Ps Arniwala Dist. Fazilka Punjab (At Present Lodged In Central Jail Sri Ganganagar)

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

----Respondent

For Petitioner(s) : Mr. S.R. Godara 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.257/2018 of Police Station Hindumalkot, District Sri

Ganganagar for the offence(s) punishable under Section(s)

8/21, 22, 29 of the NDPS Act. 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 16.9.2019. It is further submitted that as per

the prosecution story, Trio-SR tablets containing narcotic

contranband tramadol weighing 450 gms were recovered

[2023/RJJD/011358] (2 of 3) [CRLMB-14998/2022]

from the petitioner. It is also submitted that the petitioner

was arrested on 21.9.2018 and as per the charge-sheet, the

prosecution is required to examine total 14 witnesses,

however, out of which, only 7 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) - Rajvinder Singh @ Raji S/o Shri Baldev Singh

shall be released on bail in connection with FIR No.257/2018

of Police Station Hindumalkot, District Sri Ganganagar

provided he/she/they execute(s) a personal bond in the sum

[2023/RJJD/011358] (3 of 3) [CRLMB-14998/2022]

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/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 41-msrathore/-

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