Rajasthan High Court - Jodhpur
Bhajjan Lal vs State Of Rajasthan (2023:Rj-Jd:42564) on 7 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:42564]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13643/2023
Bhajjan Lal S/o Magga Ram, Aged About 25 Years, R/o
Sudhaberi, Dhorimanna P.S., Dist. Barmer.
(Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Dwarka Das.
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
07/12/2023
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.54/2021, registered at Police Station Bekariya, District
Udaipur, for offence under Section 8/15 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, contraband greater than commercial quantity was
recovered from a white colour i20, having registration No.RJ-27-
CF-1811 and the petitioner is the registered owner of the said
offending vehicle in which the contraband was alleged to be
transported with due knowledge of the present petitioner. Learned
counsel submitted that co-accused Arvind was found on the wheel
of offending vehicle from where huge quantity of contraband
[2023:RJ-JD:42564] (2 of 4) [CRLMB-13643/2023]
(poppy husk) weighing 94 Kg 950 gram was recovered. It was
further urged that co-accused Arvind from whose conscious
possession, the contraband was recovered, has already been
enlarged on bail by a coordinate Bench of this Court vide order
dated 19.09.2022 while deciding Criminal Misc. 2 nd Bail Application
No.12110/2022. The order dated 19.09.2022 passed by a
coordinate Bench of this Court is reproduced hereinbelow:-
"The instant second bail application has
been filed by the petitioner under Section 439
Cr.P.C. seeking regular bail in connection with the
FIR No. 54/2021 registered at Police Station
Bekriya, District Udaipur for the offence
punishable under Sections 8/15 of NDPS Act.
The first bail application was dismissed as
not pressed on 4.2.2022 with liberty to file a
fresh bail application after recording the
statement of Seizure Officer.
Learned counsel for the petitioner submits
that the trial court has examined the Seizure
Officer as P.W.3. Counsel submits that Seizure
Officer admitted in his statement that he
recovered total 94 Kg 950 gm poppy husk
containing in bags from the possession of the
petitioner and after taking samples of poppy husk
from each of the bags, he mixed the same and
took a sample of 1 Kg and sent the same for FSL.
Counsel has placed reliance upon the judgments
rendered in the cases of Netram vs. State of
Rajasthan reported in 2014(2) WLN 394
(Raj.) and Nagu Singh vs. State of Rajasthan
reported in 2016(3) WLN 310 (Raj.) and
upon orders of this Court in S.B. Cr. Misc. Bail
Application No. 1603/2018, Ram Lal vs.
State of Rajasthan decided on 27.2.2018 and
[2023:RJ-JD:42564] (3 of 4) [CRLMB-13643/2023]
S.B. Cr. Misc. Bail Application No.
4299/2018, Bheru Lal vs. State of Rajasthan
decided on 30.7.2018, in the said cases also the
samples were taken from all the bags and only
two samples were sent for FSL and this Court
granted bail to the accused. Counsel submits that
the case of the present petitioner is identical to
that of the reported cases. The petitioner is in
behind the bars and the trial of the case will take
sufficient long time to be concluded. Therefore,
the benefit of bail should be granted to the
accused-petitioner.
Learned Public Prosecutor has opposed the
second bail application.
Having regard to the totality of the facts
and circumstances of the case, 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, the second bail application filed
under Section 439 Cr.P.C. is allowed and it is
directed that petitioner Arvind S/o Punaram
shall be released on bail in connection with FIR
No. 54/2021 registered at Police Station Bekriya,
District Udaipur, provided he executes a personal
bond in a sum of Rs.2,00,000/- with two sound
and solvent sureties of Rs.1,00,000/- 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."
Learned counsel for the petitioner further submitted that the
case of present petitioner is not distinguishable from that of co-
accused Arvind, who has already been enlarged on bail. The
petitioner is in judicial custody and the trial of the case will take
[2023:RJ-JD:42564] (4 of 4) [CRLMB-13643/2023]
sufficiently long time, therefore, the benefit of bail should be
granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application.
However, he was not in a position to refute the fact that co-
accused from whose conscious possession the contraband greater
than commercial quantity was recovered, has already been
enlarged on bail by a coordinate Bench of this Court.
Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C.
is allowed. It is ordered that the accused-petitioner Bhajjan Lal
S/o Magga Ram arrested in connection with F.I.R. No.54/2021,
registered at Police Station Bekariya, District Udaipur, 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
54-Prashant/-
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