Rajasthan High Court - Jodhpur
Anwar Hussain vs State Of Rajasthan on 29 August, 2023
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7214/2023
Anwar Hussain S/o Ikbal Hussain, Aged About 32 Years, B/c
Musalman, R/o Samudayik Bhawan, B.k. Cal Nagar, Ajmer. At
Present Residing In Gali No.03 Kota Colony, P.s. Ganj, Ajmer,
Distt. Ajmer(Presently Lodged In Distt. Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 7215/2023
Dinesh S/o Raghuveer Singh Koli, Aged About 30 Years, R/o
Chauhan Bhawan, Tila Nagara Ajmer, Police Station Alwar Gate,
Ajmer, Distt. Ajmer.(Presently Lodged In Distt. Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Abhishek Charan
For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
29/08/2023
Heard learned counsel for the petitioners as well as learned
Public Prosecutor and also perused the material on record.
The petitioners have been arrested in FIR No.322/2020 of
P.S. Sadar Nimbahera for the offences punishable under Sections
8/15 and 8/29 of NDPS Act. They have preferred these bail
applications under Section 439 Cr.P.C.
(2 of 3) [CRLMB-7214/2023]
Learned counsel for the petitioners has submitted that as per
the prosecution story, 81 kgs 400 grams poppy straw was
recovered at the instance of the petitioners. It is also submitted
that the petitioners are in custody since 9.12.2020 and the
prosecution is required to examine 19 prosecution witnesses, out
of which, statements of only 7 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 petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section 439
Cr.P.C. are allowed and it is directed that petitioners Anwar
Hussain S/o Ikbal Hussain and Dinesh S/o Raghuveer Singh Koli
(3 of 3) [CRLMB-7214/2023]
shall be released on bail in connection with FIR No.322/2020 of
P.S. Sadar Nimbahera provided each of them 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 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
16-17 Babulal/-
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