Dharmendra Choudhary vs State Of Rajasthan ...
2023 Latest Caselaw 4872 Raj

[2023/RJJD/016096]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous V Bail Application No. 5363/2023

Dharmendra Choudhary S/o Harphool Singh, Aged About 37 Years, H.No. 216, Gali No. 3, Bhup Colony, Jawaharnagar, Sri Ganganagar.

(Presently In JC In Dist. Jail, Sriganganagar).

                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Naman Mohnot
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.VIII (IO)

01/NCB/ASZ/2017 of Police Station NCB Regional Unit, Ajmer for

the offences punishable under Sections 8/18, 25 & 29 of NDPS

Act. He has preferred this fifth bail application under Section 439

Cr.P.C.

Learned counsel for the petitioner has submitted that the co-

accused Om Prakash has already been enlarged on bail by a Co-

ordinate bench of this Court and case of the petitioner is not

distinguishable from him. Learned counsel for the petitioner has

submitted that as per the prosecution story, 31.710 gms of opium

was recovered at the instance of the petitioner. It is also

submitted that the petitioner is in custody since 25.03.2017 and

[2023/RJJD/016096] (2 of 3) [CRLMB-5363/2023]

the prosecution is required to examine 10 prosecution witnesses,

out of which, statements of only 07 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,

but not in a position to dispute the fact that the co-accused Om

Prakash, who is similarly situated accused has already been

enlarged on bail.

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 Dharmendra

Choudhary S/o Harphool Singh shall be released on bail in

connection with FIR No.VIII (IO) 01/NCB/ASZ/2017 of Police

[2023/RJJD/016096] (3 of 3) [CRLMB-5363/2023]

Station NCB Regional Unit, Ajmer 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

36-AjaySingh/-

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