Rajasthan High Court - Jodhpur
Indra Singh vs State Of Rajasthan (2023:Rj-Jd:42105) on 4 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:42105]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 4th Bail Application No. 7078/2023
Mukesh S/o Masulal Banjara, Aged About 25 Years, R/o
Devipura, P.s. Jeeran, District Neemuch (MP)
(At Present Lodged At District Jail, Chittorgarh)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous 4th Bail Application No. 7079/2023
Indra Singh S/o Kishore, Aged About 22 Years, R/o Devipura,
P.s. Jeeran, District Neemuch (M.P.)
(At Present Lodged At District Jail , Chittorgarh)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous 3rd Bail Application No. 11088/2023
Dharmendra S/o Babu Lal Banjara, Aged About 22 Years, R/o
Devipura, P.s. Jeeran, Dist. Neemuch(M.P.)
(Presently Lodged In Dist. Jail, Chittorgarh)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr.Ravindra Kumar Charan.
Mr.Neeraj Kumar Gurjar.
For Respondent(s) : Mr.Shrawan Kumar, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
04/12/2023
These applications for bail under Section 439 Cr.P.C. have
been filed by the petitioners who have been arrested in connection
with FIR No.239/2020 registered at Police Station Sadar
Nimbahera, District Chittorgarh, for offences under Sections 8/15,
25 and 29 of NDPS Act.
[2023:RJ-JD:42105] (2 of 4) [CRLMB-7078/2023]
Learned counsel for the petitioners submitted that the
petitioners are in judicial custody since 27.8.2020. Learned
counsel submitted that the contraband (poppy straw) weighing
98.600 kgs was recovered from one Bolero Pickup vehicle bearing
registration No.MP43-BD-0693 when it was in transit. Learned
counsel submitted that the co-accused Arjun Banjara was found
sitting on the wheel of the offending vehicle, whereas the present
petitioners were sitting as co-passengers with him. Learned
counsel submitted that the petitioners had no knowledge about
illicit poppy straw being transported in the offending vehicle by the
co-accused Arjun Banjara. Learned counsel submitted that the
Investigating Officer has not collected any evidence which can
establish that the present petitioners had any knowledge about
contraband being transported in the offending vehicle.
It was further urged that the petitioners were neither the
owners of the offending vehicle nor any evidence has come on
record attributing knowledge to them regarding use of the
offending vehicle for transporting the contraband.
Learned counsel submitted that the co-accused Babu Lal has
already been enlarged on bail by this Court vide order dated
27.4.2021 passed in S.B.Cr.Misc. Bail Application No.4151/2021.
Lastly, placing reliance on the judgment dated 28.03.2023
rendered by Hon'ble the Supreme Court in the cases of Mohd
Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave
Petition (Crl.) No(s).915 of 2023 and Rabi Prakash Vs.
State of Orisa (Leave to Appeal (Criminal) No.4169/2023
learned counsel submitted that the petitioners are in judicial
[2023:RJ-JD:42105] (3 of 4) [CRLMB-7078/2023]
custody for more than three years and the delay in trial is not
attributable to them, therefore, the delay in trial can also be
considered for releasing the accused persons on bail despite
restrictions imposed under Section 37 of the NDPS Act. Learned
counsel thus implored the Court to enlarge the petitioners on bail.
Per contra, learned Public Prosecutor opposed the bail
application and submitted that looking to the seriousness of the
accusation levelled against the petitioners, the bail applications
deserve to be dismissed.
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and
circumstances of the case particularly the fact that nothing has
come on record indicating that the petitioners who were travelling
in the offending vehicle as co-passengers had any knowledge
about the contraband being transported therein coupled with the
custody period of the petitioners and in view of the judgments
passed by Hon'ble Supreme Court in the cases of Mohd. Muslim
@ Hussain (supra) and Rabi Prakash (supra), this Court prima
facie finds that the conditions contained in Section 37 of the NDPS
Act are satisfied. Thus, without expressing any opinion on merits/
demerits of the case, this Court is inclined to enlarge the
petitioners on bail.
Accordingly, these bail applications under Section 439 Cr.P.C.
are allowed and it is ordered that the accused-petitioners- (i)
Mukesh S/o Masulal Banjara, (ii) Indra Singh S/o Kishore
and (iii) Dharmendra S/o Babu Lal Banjara shall be enlarged
[2023:RJ-JD:42105] (4 of 4) [CRLMB-7078/2023]
on bail in connection with FIR No.239/2020 registered at Police
Station Sadar Nimbahera, District Chittorgarh, provided each of
them furnishes a personal bond in the sum of Rs.1,00,000/- with
two sureties of Rs.50,000/- each to the satisfaction of the learned
trial Judge for their appearance before the court concerned on all
the dates of hearing as and when called upon to do so.
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
/tarun goyal/
Powered by TCPDF (www.tcpdf.org)
