Rajasthan High Court - Jodhpur
Mohammed Ashfaq vs State Of Rajasthan ... on 17 October, 2023
Bench: Dinesh Mehta
[2023:RJ-JD:35519]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3604/2023
Mohammed Ashfaq S/o Shri Abdul Rajaq, Aged About 27 Years,
R/o House No. 90, Samrat Nagar, Khajrana Kanadiya, Indore
(Madhya Pradesh) (Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
For Respondent(s) : Mr. S.K. Bhati, PP
JUSTICE DINESH MEHTA
Order
17/10/2023
1. This third application for bail has been filed by the applicant
under Section 439 of the Cr.P.C. in connection with FIR
No.334/2019, registered at Police Station Balesar, District Jodhpur
for the offences underr Section 8/15 of the NDPS Act, 1985.
2. The first bail application being S.B. Criminal Misc. Bail
Application No.3526/2020, filed on behalf of the applicant was
dismissed on 09.10.2020, as withdrawn.
3. Thereafter, the second bail application being S.B. Criminal
Misc. Bail Application No.9391/2021 was dismissed as withdrawn
on 07.09.2021 with a liberty to file afresh, once statement of
Seizure Officer is recorded.
4. Mr. Bishnoi, learned counsel for the applicant aruged that the
petitioner is behind the bars since 02.12.2019 and out of total 14
witnesses only one witness PW-1 (Devendra Singh) has been
examined so far.
[2023:RJ-JD:35519] (2 of 3) [CRLMB-3604/2023]
5. While inviting Court's attention towards the statement of PW-
1 (Devendra Singh), learned counsel for the applicant argued that
the non-compliance of the mandatory provision Section 42 of the
NDPS Act is writ large and hence, the applicant be released on
bail.
6. It was also argued by the learned counsel that the trial will
take substantially long time and the petitioner has remained
behind the bars for almost four years.
7. Mr. Bhati, learned Public Prosecutor opposed applicant's
prayer by submitting that huge quantity of approx four quintal
poppy straw was recovered from the petitioner and therefore, he
be not released on bail.
8. Pursuant to the direction given by this Court on 26.09.2023,
the trial Court has sent a report dated 04.10.2023. On perusal of
the report, this Court finds that the case of the applicant is being
tried in the NDPS Court No.2 and such Court is lying vacant and
an additional charge has been given to one Raj Kumar Sharma,
Judge, NDPS Court No.1. On perusal of the report it is also clear
that statement of only one witness out of list of 14 has so far
been recorded.
9. Having gone through the facts and circumstances of the case
and considering that only one witness out of total 14 witnesses
has been examined and realizing that in the present case, the
trial is likely to take long time, this Court is inclined to grant
indulgence.
10. In view of the above and following the judgments of Hon'ble
the Supreme Court passed in the cases of Rabi Prakash vs. The
State of Odisha : Special Leave to Appeal (Crl.) No.
[2023:RJ-JD:35519] (3 of 3) [CRLMB-3604/2023]
4169/2023 and Mohd. Muslim @ Hussain vs. State (NCT of
Delhi) reported in 2023 SCC Online SC 352, this Court is
persuaded to grant bail to the applicant.
11. Consequently, the bail application filed under Section 439 of
the Cr.P.C. is allowed.
12. It is ordered that applicant Mohammed Ashfaq S/o Shri
Abdul Rajaq arrested in connection with FIR No.334/2019,
registered at Police Station Balesar, District Jodhpur for the
offence under Section 8/15 of the NDPS Act shall be released on
bail on his furnishing 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.
13. Applicant shall be required to appear before the trial Court
on all dates of hearing as and when called upon to do so.
14. Needless to mention that the above observations made by
this Court are on the basis of material so far produced before the
Court. These are only prima-facie observations and the same
shall, however, not come in the way of the trial Court to take an
independent view of the matter, based on ocular and oral
evidence, while finally deciding the case.
(DINESH MEHTA),J
209-AbhishekS/-
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