Bablu Singh vs State Of Rajasthan ...
2023 Latest Caselaw 4889 Raj

[2023/RJJD/016021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 9947/2022

Bablu Singh S/o Bhagwat Singh, Aged About 34 Years, Pipaliya Nathawat, Neemach Cantt P.S., Dist. Neemach (MP). (Lodged In Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. Vijay Raj 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.43/2009 of Police

Station Dangiawas, District Jodhpur for the offences punishable

under Sections 8/18 and 25 of NDPS Act. He has preferred this

second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per

the prosecution story, on 13.02.2009, the police recovered 9.100

kgs opium from one Nirmal Singh, who happened to be the real

brother of the petitioner. It is alleged by the prosecution that the

motor-cycle, on which, Nirmal Singh was transporting the narcotic

contraband is belonging to the petitioner. Learned counsel has also

submitted that the petitioner was arrested on 22.10.2020 and

after that, statement of the Investigating Officer (P.W.-2) - Rana

[2023/RJJD/016021] (2 of 3) [CRLMB-9947/2022]

Ram has been recorded before the trial court on 08.07.2022

wherein, he has specifically stated that no independent evidence

has been collected by him, which suggests that the petitioner had

connection with the recovered narcotic contraband. Learned

counsel has also submitted that though, the petitioner's brother

was arrested while transporting the narcotic contraband opium,

but the same transporting without knowledge of the petitioner. It

is further submitted that till date, only two prosecution witnesses

have been examined before the trial court and there is all

possibility that trial against the petitioner will take long time.

Learned counsel for the petitioner 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

[2023/RJJD/016021] (3 of 3) [CRLMB-9947/2022]

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 Bablu Singh

S/o Bhagwat Singh shall be released on bail in connection with

FIR No.43/2009 of Police Station Dangiawas, District Jodhpur

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

5-AjaySingh/-

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