Ramzan vs State Of Rajasthan ...
2023 Latest Caselaw 8704 Raj

[2023:RJ-JD:35672] (1 of 3) [CRLMB-13125/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13125/2023

Ramzan S/o Shri Mohammad Sadik, Aged About 38 Years, R/o Ward No. Chak 8 Llw Nava At Present Ward No. 48 Sureshiya Hanumangarh Junction 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.457/2019 registered at Police Station Hanumangarh

Junction, District Hanumangarh, for offences under Sections 8/22

& 29 of NDPS 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 the psychotropic substance was recovered from the

conscious possession of the co-accused Rajkumar @ Rajan and

Satpal Singh. Learned counsel for the petitioner further submitted

that the petitioner has been implicated in the present case solely

on the basis of the disclosure statement of the co-accused

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persons. He further submitted that the above named co-accused

persons from whose conscious possession the psychotropic

substance greater than commercial quantity was recovered have

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

Court on 08.08.2023 and on 18.07.2023. Learned counsel for the

petitioner further submitted that the petitioner is in judicial

custody. The trial of the case is likely to consume sufficiently long

time.

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. On these grounds, he implored the Court

to enlarge the petitioner on bail.

Per contra, learned Public Prosecutor has opposed the bail

application. However, he was not in position to refute the fact that

the above named co-accused persons have already been enlarged

on bail by the co-ordinate Bench of this Court and the petitioner is

behind the bars for last more than three years and six months.

Having heard learned counsel for the parties and considering

the fact that the co-accused persons have already been enlarged

on bail and the present petitioner is behind the bars for the last

three and a half years and also the fact that out of 18 cited

prosecution witnesses till date, only three prosecution witnesses

have been examined and the criminal trial has hardly reached the

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half-way mark, without expressing any opinion on merits/demerits

of the case, this Court 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 Ramzan S/o

Shri Mohammad Sadik arrested in connection with F.I.R.

No.457/2019 registered at Police Station Hanumangarh Junction,

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 201-divya/-

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