Rajasthan High Court - Jodhpur
Rajesh Kumar @ Raju vs State Of Rajasthan ... on 18 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/016165]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous IV Bail Application No. 6099/2023
Rajesh Kumar @ Raju S/o Sh. Dalipram, Aged About 40 Years,
Chak 6 K.s. D. Malarampura, Teh. Sangariya, Dist. Hanumangarh
(Presently Lodged In Dist. Jail, Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mahipal Bishnoi
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
18/05/2023
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.136/2019 of
Police Station Aarkshi Kendra, Tehsil Sangariya, District
Hanumangarh for the offences punishable under Sections 8/15
and 29 of NDPS Act. He has preferred this fourth bail application
under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per
the prosecution story, 98 kgs of poppy straw was recovered at the
instance of the petitioner. It is also submitted that the petitioner is
in custody since 28.04.2019 and the prosecution is required to
examine 12 prosecution witnesses, out of which, statements of
[2023/RJJD/016165] (2 of 3) [CRLMB-6099/2023]
only 3 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 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 Rajesh Kumar
@ Raju S/o Sh. Dalipram shall be released on bail in connection
with FIR No.136/2019 of Police Station Aarkshi Kendra, Tehsil
Sangariya, District Hanumangarh 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
[2023/RJJD/016165] (3 of 3) [CRLMB-6099/2023]
of hearing and whenever called upon to do so till the completion of
the trial.
(VIJAY BISHNOI),J
51-AjaySingh/-
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