Rajasthan High Court - Jodhpur
Pradeep vs State Of Rajasthan (2023:Rj-Jd:42076) on 4 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:42076]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7908/2023
Pradeep S/o Bhanwar Lal, Aged About 25 Years, R/o Bisalpur,
P.S. Dangiyawas, Dist. Jodhpur.
(At Present Lodged In Dist. Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pawan Vishnoi
For Respondent(s) : Mr. Shrawan Kumar, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
04/12/2023
This application for bail under Section 439 Cr.P.C. has been
filed by the petitioner who has been arrested in connection with
F.I.R. No.72/2020 registered at Police Station Karwar, District
Jodhpur, for offences under Sections 8/15 and 8/18 of the NDPS
Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that as per the
prosecution story, contraband (poppy husk) weighing 251 kgs.
and opium weighing 6 kgs. have been recovered from the present
petitioner. Learned counsel for the petitioner submitted that the
petitioner is in custody since 22.06.2020 and till date, out of 25
cited prosecution witnesses, statements of only 4 witnesses have
been recorded before the competent criminal court and trial of the
case is likely to take sufficiently long time. Learned counsel further
[2023:RJ-JD:42076] (2 of 3) [CRLMB-7908/2023]
submitted that co-accused Vinod (SB Criminal Misc. Bail
Application No.4474/2023)has already been enlarged on bail by a
co-ordinate Bench of this Court, vide order dated 19.05.2023 and
the case of the present petitioner is not distinguishable from that
of co-accused Vinod.
Learned counsel has placed 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 wherein it is observed 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 Hon'ble the Supreme Court in Mohd Muslim
@ Hussain's case (supra), the petitioner is entitled to be
enlarged on bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and submitted that looking to the
seriousness of the allegations against the petitioner, he does not
deserve to be enlarged on bail. However, he was not in a position
to refute the fact that till date, out of 25 cited prosecution
witnesses, statements of only 4 witnesses have been recorded
before the competent criminal court. Learned Public Prosecutor
was also not in position to refute the fact that co-accused-Vinod
has already been enlarged on bail by the co-ordinate Bench of this
Court on the ground that the delay in trial is not attributable to
him.
[2023:RJ-JD:42076] (3 of 3) [CRLMB-7908/2023]
Having heard learned counsel for the parties and having
gone through the material available on record and in view of the
judgments passed by Hon'ble Supreme Court in the cases of
Mohd Muslim @ Hussain (supra) and Rabi Prakash (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.
Consequently, the bail application under Section 439 Cr.P.C.
is allowed. It is ordered that the accused-petitioner Pradeep S/o
Bhanwar Lal, arrested in connection with F.I.R. No.72/2020
registered at Police Station Karwar, District Jodhpur, shall be
released on bail, if not wanted in any other case, provided he
furnishes a personal bond of Rs.1,00,000/- and two sureties of
Rs.50,000/- each, to the satisfaction of learned trial court, for his
appearance before that court on each & every date of hearing and
whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
37-Hanuman/-
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