Rajasthan High Court - Jodhpur
Noor Nabi vs State Of Rajasthan ... on 25 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/017530]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Second Bail Application No. 6550/2023
Noor Nabi S/o Shri Bagh Ali, Aged About 33 Years, R/o Ward
No.14 Rodawali, Tehsil and District Hanumangarh Raj.
(Presently lodged at District Jail, Hanumangarh)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. B.R. Godara
For Respondent(s) : Mr. B.R. Bishnoi, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
25/05/2023
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.224/2023 of
Police Station Hanumangarh Junction, District Hanumangarh for
the offence punishable under Section 8/22 NDPS Act. He has
preferred this bail second application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the
earlier bail application of the petitioner was rejected by this Court
on 03.02.2021. It is also submitted that as per the prosecution
story, the petitioner was apprehended while possessing 2000
capsules containing narcotic substance Tramadol weighing 940
grams illegally. It is further submitted that the petitioner was
arrested on 29.06.2020 and as per the charge-sheet, the
prosecution is required to examine total 12 witnesses, however,
[2023/RJJD/017530] (2 of 3) [CRLMB-6550/2023]
out of which only 2 have been examined till date. It is also
submitted that the trial of the case will take time.
Learned counsel for the petitioner has placed reliance on the
decision dated 28.03.2023 rendered by the Hon'ble Supreme
Court in Mohd Muslim @ Hussain Vs. State (NCT of Delhi)
[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. It is
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 and after
going through the material available and in view of the judgment
passed by the 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 second bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioner - Noor
Nabi S/o Shri Bagh Ali shall be released on bail in connection
with FIR No.224/2023 of Police Station Hanumangarh Junction,
District Hanumangarh provided he executes a personal bond in a
sum of Rs.100,000/- with two sound and solvent sureties of
Rs.50,000/- each to the satisfaction of learned trial court for his
[2023/RJJD/017530] (3 of 3) [CRLMB-6550/2023]
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
Abhishek Kumar
S.No.70
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