Rajasthan High Court
Rakesh Kumar Khatri S/O Shri ... vs State Of Rajasthan ... on 17 October, 2023
Bench: Sameer Jain
[2023:RJ-JP:29859]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 5th Bail Application No. 10660/2023
Sampy Singh @ Sampy S/o Shri Mangha Singh, Aged About 28
Years, R/o Village Muradpura, P.s Samana City, District Patiala
(Punjab) (At Present Confined In Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous 5th Bail Application No. 12062/2023
Rakesh Kumar Khatri S/o Shri Darshan Kumar, Aged About 44
Years, R/o Ward No. 14, Naba Colony, P.s. Samana City, District
Patiala, Punjab. (Presently Confined In Central Jail, Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Ms. Anushree Sharma
Mr. Chain Singh Rathore
For Respondent(s) : Mr. S. S. Mehla, PP
HON'BLE MR. JUSTICE SAMEER JAIN
Order
17/10/2023
1. The instant bail applications have been filed under
Section 439 Cr.P.C. on behalf of accused-applicants. The accused-
applicants were arrested in connection with FIR No. 124/2017
registered at Police Station Nasirabad Sadar District Ajmer for the
offence(s) under Sections 8/15 of NDPS Act.
2. Learned counsel for the applicants submits that the
earlier bail applications were rejected considering the stringent
provision of Section 37 of Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short "NDPS Act"). Learned counsel for
the applicants has relied upon Hon'ble Supreme Court judgments
[2023:RJ-JP:29859] (2 of 3) [CRLMB-10660/2023]
of Mohd. Muslim vs. State (NCT of Delhi) (Neutral Citation:
2023/INSC/311) reported in 2023 (5) SCALE 51, Rabi
Prakash V. The State of Odisha (Order dated 13.07.2023 in
SLP (Crl.) No(s).4169/2023) reported in 2023 SCC OnLine
SC 1109, Raju Ram vs. State of Bihar (Order dated
31.01.2023 in SLP (Crl.) No(s). 307/2023) reported in 2023
SCC OnLine SC 919, wherein the Hon'ble Supreme Court has
held that bail can been granted to accused in NDPS cases on
ground of undue delay in trial despite stringent conditions in
Section 37 of NDPS Act. Learned counsel for the applicants has
also relied on Co-ordinate Bench judgment of Rajkamal vs State
of Rajasthan (S.B. Criminal Miscellaneous II Bail
Application No. 7081/2023 decided on 13.09.2023; Neutral
Citation: 2023:RJJP:24403) and order of this Court in Ajay
Singh Tomar vs. State of Rajasthan (S.B. Criminal
Miscellaneous IInd Bail Application No. 9055/2023 decided
on 26.09.2023; Neutral Citation: 2023:RJJP:24907).
Learned counsel for the applicants further submits that the
applicants have no criminal antecedents and this is the only case
pending against them. Learned counsel for the applicants have
further highlighted that the applicants have been in custody for a
period of over 5 years and during that period, only 11 witnesses,
out of total 23 witnesses, have been examined. Therefore, learned
counsel for the applicants contends that conclusion of trial is likely
to take substantially long period of time and no useful purpose
would be served by keeping the applicants in custody any further,
especially since the investigation in the case is complete.
[2023:RJ-JP:29859] (3 of 3) [CRLMB-10660/2023]
3. Per contra, learned Public Prosecutor has vehemently
opposed the present bail applications and submits that commercial
quantity of contraband was recovered from the possession of the
present applicants.
4. Heard and considered.
5. Considering the arguments advanced by both the sides,
considering the long period of incarceration, considering that the
applicants have no criminal antecedents and relying upon the
judgments as cited above (supra), wherein it has been held that in
case of prolonged incarceration, liberty will override embargo
under Section 37 of the NDPS Act and looking to the overall facts
and circumstances of the case and material on record but without
commenting on merits/demerits of the case, this court is inclined
to allow the bail applications of the accused-applicants and enlarge
them on bail.
6. Accordingly, the bail applications under Section 439
Cr.P.C. are allowed and it is ordered that accused-applicants
Sampy Singh @ Sampy S/o Shri Mangha Singh and Rakesh
Kumar Khatri S/o Shri Darshan Kumar shall be enlarged on
bail provided each of them furnishes a personal bond of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of learned trial Judge for their appearance before the
court concerned on all the dates of hearing as and when called
upon to do so.
(SAMEER JAIN),J
Pooja /1-2
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