Rajasthan High Court - Jodhpur
Vakil Singh vs The State Of Rajasthan ... on 10 October, 2023
Bench: Dinesh Mehta
[2023:RJ-JD:34235]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous IIIrd Bail Application No.12066/2023
Vakil Singh S/o Shri Darshan Singh, Aged About 31 Years, R/o 5
LSM, Bara, P.S. Anoopgarh, Dist. Sri Ganganagar, Rajasthan.
(At Present Lodged In Central Jail, Sriganganagar)
----Petitioner
Versus
The State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Saurabh Soni
For Respondent(s) : Mr. S.K. Bhati, Public Prosecutor
JUSTICE DINESH MEHTA
Order
10/10/2023
1. This 3rd application for bail has been filed by the applicant
under Section 439 of the Cr.P.C. in connection with FIR
No.41/2019, registered at Police Station Sadar, Sriganganagar for
the offences under sections 8/22 and 29 of Narcotic Drugs and
Psychotropic Substances Act, 1985.
2. The first bail application being S.B. Criminal Misc. Bail
Application No.10533/2020, filed on behalf of the applicant was
dismissed on 25.09.2020, as withdrawn with the liberty to file a
fresh one after recording of the statement of Seizure Officer.
Thereafter, the Second bail application being S.B. Criminal Misc.
2nd Bail Application No.6268/2023, filed on behalf of the applicant
was dismissed on 08.08.2023, as not pressed.
[2023:RJ-JD:34235] (2 of 4) [CRLMB-12066/2023]
3. Mr. Saurabh Soni, learned counsel for the applicant argued
that two persons were apprehended simultaneously - the present
applicant and one Sonu Singh. Sonu Singh was found in
possession of 11,000 tablets, while 1250 tablets of Nrx Tramadol
Hydrochloride 100 mg Trio-SR were recovered from the applicant.
4. He submitted that similarly situated co-accused Sonu Singh
has been enlarged on bail by the Coordinate Bench of this Court
vide order dated 29.08.2023, passed in S.B. Criminal Misc. 5 th Bail
application No.10156/2023 and that the case of the present
applicant is not different than than co-accused - Sonu Singh. It is
also submitted that the applicant is behind the bars since
02.02.2019.
5. Learned counsel for the applicant relied upon the judgment
dated 28.03.2023, passed by Hon'ble the Supreme Court in the
case of Mohd. Muslim @ Hussain Vs. State (NCT of Delhi) [Special
Leave Petition (Crl.) No(s).915 of 2023], wherein it has been held
that the delay in trial can also be considered for releasing accused
person on bail despite the restriction imposed under section 37 of
the NDPS Act.
6. Learned counsel submitted that the applicant is behind the
bars for more than 4 years and 6 months and out of 12
prosecution witnesses, only four witnesses have been examined so
far. He further submitted that the trial will take sufficiently long
time and thus, prayed that the applicant be enlarged on bail.
7. Learned Public Prosecutor vehemently opposed this bail
application by submitting that the applicant is being tried for the
[2023:RJ-JD:34235] (3 of 4) [CRLMB-12066/2023]
offence punishable under the NDPS Act and looking to the offence
as alleged against him, he should not be released on bail.
8. Heard learned counsel for the applicant and learned Public
Prosecutor and also perused the material available on record.
9. Having considered the facts and circumstances of the case
and in view of the judgment of Hon'ble the Supreme Court in the
case of Mohd. Muslim @ Hussain (supra) and the fact that the co-
accused - Sonu Singh, from whose conscious possession 11000
tablets were recover, has been enlarged on bail; the applicant is
behind the bars for more than four years and six months, without
expressing any opinion on the merits/demerits of the case, this
Court is of the opinion that instant bail application deserves to be
accepted.
10. Consequently, the 3rd bail application filed under Section 439
Cr.P.C. is allowed. It is ordered that applicant Vakil Singh S/o
Shri Darshan Singh, arrested in connection with FIR No.41/2019,
registered at Police Station Sadar, Sriganganagar shall be released
on bail; provided he executes a personal bond in the sum of
Rs.1,00,000/- and two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Court. Applicant shall be required
to appear before that Court on all dates of hearing and as and
when called upon to do so.
11. Needless to state that the observation made herein is prima-
facie view of the Court relevant for the purpose of deciding the
present bail application. The trial Court shall take its independent
view of the matter on the basis of oral and ocular evidence on
[2023:RJ-JD:34235] (4 of 4) [CRLMB-12066/2023]
record, without being influenced by whatever has been noticed
above.
(DINESH MEHTA),J
242-Ramesh/-
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