Dilbhar @ Vikky vs State Of Rajasthan ...
2023 Latest Caselaw 5401 Raj

[2023/RJJD/017713]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous III Bail Application No. 15094/2022

Dilbhar @ Vikky S/o Late Shri Sitar Ali, Aged About 29 Years, B/c Musalman Dholi R/o Kunpkala Tehsil PS Ahamedgarh Tehsil Marelkotla Dist. Sangrur Punjab (At Present Is In J.C. In Dist. Jail Churu)

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

----Respondent

For Petitioner(s) : Mr. M. L. Bishnoi For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI Order

26/05/2023

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.133/2019 of

Police Station Dudhwa Khara, District Churu for the offences

punishable under Sections 8/15 of NDPS Act. He has preferred this

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

Learned counsel for the petitioner has submitted that as per

the prosecution story, 125 kg of poppy straw was recovered at the

instance of the petitioner. It is also submitted that the petitioner is

in custody since 14.10.2019 and the prosecution is required to

examine 16 prosecution witnesses, out of which, statements of

only 6 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

[2023/RJJD/017713] (2 of 2) [CRLMB-15094/2022]

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 Dilbhar @

Vikky S/o Late Shri Sitar Ali shall be released on bail in

connection with FIR No.133/2019 of Police Station Dudhwa Khara,

District Churu 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

26-AjaySingh/-

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