Khandu @ Rahul @ Kalu vs State Of Rajasthan ...
2023 Latest Caselaw 8703 Raj

[2023:RJ-JD:35591] (1 of 3) [CRLMB-13135/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13135/2023

Khandu @ Rahul @ Kalu S/o Shri Rajendra @ Chinni, Aged About 30 Years, R/o Ward No. 17 Dabli Ralthan Tehsil And Dist. Hanumangarh Raj. At Present Lodged In Dist. Jail Hanumangarh

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

----Respondent

For Petitioner(s) : Ms. Priya Bishnoi For Respondent(s) : Mr. Vikram Sharma, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/10/2023 This application for bail under Section 439 Cr.P.C. has been

filed by the petitioner who has been arrested in connection with

F.I.R. No.277/2018 registered at Police Station Sadar

Hanumangarh District Hanumangarh, for offences under Sections

8/21, 22 & 29 of NDPS Act and under Sections 18(C), 27(B) (II) of

the Drugs & Cosmetic Act.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in this case. Learned counsel

submitted that as per the prosecution story, 2490 tablets

containing narcotic substance Tramadol weighing 382.5 gms, were

recovered at the instance of the co-accused Amreek Ram. Learned

counsel for the petitioner submitted that the petitioner has been

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implicated in the present case solely on the basis of the disclosure

statement of the co-accused Amreek Ram from whose conscious

possession the alleged contraband greater than commercial

quantity was recovered. It was further submitted that the

petitioner is in judicial custody since 03.08.2019 and till date out

of 11 prosecution witnesses, only one prosecution witness has

been examined before the trial Court. Learned counsel further

submitted that the delay in trial is not at all attributable to the

present petitioner.

Learned counsel placed reliance on judgment/order in the

case of Rabi Prakash Vs. State of Orisa (Leave to Appeal

(Criminal) No.4169/2023 passed by Hon'ble the Supreme Court

wherein it was observed that delay in trial can be considered while

releasing an accused on bail despite the embargo contained in

Section 37 of NDPS Act.

Learned counsel for the petitioner further submitted that co-

accused Amreek Ram from whose conscious possession the

contraband greater than commercial quantity was recovered has

already been enlarged on bail by the co-ordinate Bench of this

Court on 25.05.2023, in S.B. Criminal Misc. Bail Application

No.6164/2023. The trial of the case is likely to consume

sufficiently long time. On these grounds, he implored the Court to

enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail

application. He submitted that the petitioner is a habitual offender.

And looking to the seriousness of the accusations against the

present petitioner, he does not deserve to be enlarged on bail.

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However, he was not in position to refute the fact that co-

accused Amreek Ram from whose possession the psychotropic

substance was recovered has already been enlarged on bail.

Having considered the rival submissions, facts and

circumstances of the case and the judgment passed by Hon'ble

the Supreme Court in the case of Rabi Prakash Vs. State of Orisa

(Leave to Appeal (Criminal) No.4169/2023; the criminal trial has

hardly reached the half-way mark and also the fact that co-

accused Amreek Ram has already been enlarged on bail, this

Court without expressing any opinion on merits/demerits of the

case, is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C.

is allowed. It is ordered that the accused-petitioner Khandu @

Rahul @ Kalu S/o Shri Rajendra @ Chinni arrested in

connection with F.I.R. No.277/2018 registered at Police Station

Sadar Hanumangarh District Hanumangarh, shall be released on

bail, if not wanted in any other case, provided he furnishes a

personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-

each, to the satisfaction of learned trial court, for his appearance

before that court on each & every date of hearing and whenever

called upon to do so till completion of the trial.

(KULDEEP MATHUR),J 207-divya/-

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