Bhupender Singh @ Bhnder Sngh vs State Of Rajasthan ...
2023 Latest Caselaw 8242 Raj

Citation : 2023 Latest Caselaw 8242 Raj
Judgement Date : 9 October, 2023

Rajasthan High Court - Jodhpur

Bhupender Singh @ Bhnder Sngh vs State Of Rajasthan ... on 9 October, 2023

Bench: Pushpendra Singh Bhati

[2023:RJ-JD:33931]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 6894/2023

Bhupender Singh @ Bhinder Singh, Aged About 31 Years, R/o Ward No. 08, Deengarh Tehsil Sangaria, Dist. Hanumangarh. (Now Presently Lodged In Dist. Jail, Hanumangarh)

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

----Respondent

For Petitioner(s) : Mr. Vinod Bhadu For Respondent(s) : Mr. Arun Kumar, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

09/10/2023

1. This Court perused the material available on record.

2. The petitioner has been arrested in connection with FIR

No.183/2019 of Police Station Sangaria, District Hanumangarh for

the offences punishable under Sections 8/15, 25, 29 of NDPS Act.

He has preferred this third bail application under Section 439

Cr.P.C.

3. Learned counsel for the petitioner submits that two persons

facing the same charges are Buta Singh and Bhupender Singh @

Bhinder Singh (the present petitioner).

3.1 Learned counsel for the petitioner has shown to this Court

the order dated 25.05.2023 passed by a coordinate Bench of this

Hon'ble Court in S.B. Criminal Misc. Bail Application

No.3696/2022, in which, the similarly situated co-accused

[2023:RJ-JD:33931] (2 of 3) [CRLMB-6894/2023]

namely Buta Singh has already been released on bail. The order

dated 25.05.2023 reads as follows:

"Heard learned counsel for the parties and also perused the material on record.

The petitioner has been arrested in FIR No.183/2019 of Police Station Sangaria, District Hanumangarh for the offences punishable under Sections 8/15, 25 and 29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, 51.5 Kgs of poppy husk was recovered at the instance of the petitioner. It is also submitted that the petitioner is in custody since 27.04.2019 and the prosecution is required to examine 12 prosecution witnesses, out of which, statements of only 6 witnesses have been examined 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 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 Buta Singh S/o Sh. Barkat Singh shall be released on bail in connection with FIR No.183/2019 of Police Station Sangaria, District Hanumangarh 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."

4. Learned Public Prosecutor opposes the bail application, but is

unable to distinguish the case of the present petitioner with co-

accused Buta Singh.

[2023:RJ-JD:33931] (3 of 3) [CRLMB-6894/2023]

5. This Court, taking note of the fact that the similarly situated

co-accused namely Buta Singh has already been granted bail by a

coordinate Bench of this Hon'ble Court, is not inclined to continue

the custody of the petitioner in this case at this stage.

6. Thus, having regard to the totality of the facts and

circumstances of the case as also the fact that conclusion of the

proceedings is likely to take some time and without expressing

any opinion on the merits of the case, this Court deems it just and