Kailash vs State Of Rajasthan
2023 Latest Caselaw 6562 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 8442/2023

Kailash S/o Dhanraj Dhakad, Aged About 40 Years, R/o Near

Kabuter Khana Ummedpura Ps Badi Sadari Dist. Chittorgarh Raj.

(At Present Lodged In Dist. Jail Chittorgarh)

----Petitioner Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Laxman Bishnoi

For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

29/08/2023

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.9/2019, Special

Police Station (SOG), District Jaipur for the offence under Section

8/15 of the 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, 1713.61 gms of poppy husk was recovered

at the instance of the petitioner. It is also submitted that the

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petitioner is in custody since 21.04.2019 and the prosecution is

required to examine 36 prosecution witnesses, out of which,

statements of only three witnesses have been recorded till date

and trial of the case is likely to take time.

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. Learned counsel for

the petitioner has submitted that 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.

Having heard the learned counsel for the parties, after going

through the material available on record and in view of the

judgment passed by 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 - Kailash S/o

Dhanraj Dhakad shall be released on bail in connection with FIR

No.9/2019, Special Police Station (SOG), District Jaipur 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

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

the completion of the trial.

(VIJAY BISHNOI),J 25-msrathore/-

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