Rajasthan High Court - Jodhpur
Avinash Kumar vs State Of Rajasthan ... on 18 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/016084]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 5237/2023
Yogendra Kumar S/o Shri Naresh Prasad, Aged About 26 Years,
R/o Buniyad Beega, Tola, Post Sarva Bazar, Barachatti Police
Station, Tehsil Dobi, District Gaya (Bihar)
(Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
Union Of India, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous V Bail Application No. 5238/2023
Avinash Kumar S/o Rajdev Prasad, Aged About 25 Years, R/o
Buniyad Bigha (Neema Toll), Post Sarwa Bazaar, Police Station
Barachatti, Tehsil Dobi, District Gaya Bihar.
(At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Manohar Singh
Mr. Ashok Bishnoi
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
18/05/2023
Heard learned counsel for the petitioners as well as learned
Public Prosecutor and also perused the material on record.
The petitioners have been arrested in FIR No.VIII [10]/09/
NCB/JZU/2018 of NCB Jodhpur for the offences punishable under
Section 8/18, 8/29 of NDPS Act. They have preferred these bail
applications under Section 439 Cr.P.C.
[2023/RJJD/016084] (2 of 3) [CRLMB-5237/2023]
Learned counsel for the petitioners has submitted that as per
the prosecution story, 5.700 kgs of opium has been recovered at
the instance of the petitioners on 19.06.2018. It is further
submitted that the prosecution is required to examine 12
prosecution witnesses, out of which, only 2 witnesses have been
examined till date.
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 applications.
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 petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section 439
Cr.P.C. are allowed and it is directed that petitioners Yogendra
Kumar S/o Shri Naresh Prasad and Avinash Kumar S/o
Rajdev Prasad shall be released on bail in connection with FIR
[2023/RJJD/016084] (3 of 3) [CRLMB-5237/2023]
No.VIII[10]/09 /NCB/JZU/2018 of NCB Jodhpur provided each of
them 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 their 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
34-AjaySingh/-
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