Charanjeet Ram @ Kaiya vs State Of Rajasthan
2023 Latest Caselaw 6572 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 6637/2023

Charanjeet Ram @ Kaiya S/o Sh. Bagguram, Aged About 29 Years, R/o Patil Sadul Shahar Police Station Distt. Sri Ganganager (Raj.) (Presently In Cental Jail Sri Ganganager)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Abhishek Agarwal Mr. Asnish Gehlot For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI Order 29/08/2023 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.120/2019 of

Sadul Shahar Police Station, Distt. Sri Ganganagar for the offences

punishable under Section 8/22 of 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, tramadol tablets containing 281.4 grams of

narcotic substance was recovered at the instance of the petitioner.

It is also submitted that the petitioner is in custody since

07.04.2019 and the prosecution is required to examine 10

prosecution witnesses, out of which, statements of only 1 witness

has 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

(2 of 2) [CRLMB-6637/2023]

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 Charanjeet

Ram @ Kaiya S/o Sh. Bagguram shall be released on bail in

connection with FIR No.120/2019 of Sadul Shahar Police Station,

Distt. Sri Ganganagar 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 14-Babulal/-

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