Ashok Kumar @ Shoki vs State Of Rajasthan ...
2023 Latest Caselaw 9338 Raj

[2023:RJ-JD:38831]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Fourth Bail Application No. 9814/2023

Ashok Kumar @ Shoki S/o Ram Kishan, Aged About 32 Years, B/c Arora, R/o Patroda, Tehsil Anoopgarh, District Sri Ganganagar.

(At present lodged in District Sub Jail Anoopgarh, District Sri Ganganagar).

----Petitioner Versus The State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Ratish Bhatnagar Mr. Rahul Balana For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

08/11/2023

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.371/2018 of

Police Station Nai Mandi Gharsana, District Sri Ganganagar for the

offence punishable under Sections 8/21 and 22 NDPS Act. He has

preferred this fourth bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

earlier three bail applications of the petitioner were rejected by

this Court on 19.12.2018, 19.07.2021 and 20.09.2022. It is also

submitted that as per the prosecution story, the 1000 tablets

containing narcotic substance Tramadol have been recovered at

the instance of the petitioner on 23.11.2018 and till date he is in

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custody. It is further submitted that as per the charge-sheet, the

prosecution is required to examine total 12 witnesses, however,

out of which only 5 have been examined till 27.05.2022. It is also

submitted that the trial of the case will take time and delay caused

in the trial cannot be attributed to the petitioner.

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 fourth bail application filed under Section

439 Cr.P.C. is allowed and it is directed that

petitioner - Ashok Kumar @ Shoki S/o Ram Kishan shall be

released on bail in connection with FIR No.371/2018 of Police

Station nai Mandi Gharsana, District Sri Ganganagar provided he

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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 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.32

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