Rajasthan High Court
Mahipal Vishnoi S/O Sagram Vishnoi vs Narcotic Control Bureau ... on 4 April, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JP:15901]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2875/2024
Prakash Vishnoi S/o Hariram Vishnoi, Aged About 24 Years, R/o
Dolli Kalla, Police Station Kalyanpur, Tehsil Pachpada, District
Badmer (Raj.) (Presently Confined In Central Jail, Jaipur).
----Petitioner
Versus
Ncb, Through Standing Counsel
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 3141/2024
Mahipal Vishnoi S/o Sagram Vishnoi, Aged About 28 Years, R/o
Doli Kalla, Police Station Kalyanpur, Tehsil Pachpada, District
Barmer. (At Present Confined In Central Jail, Jaipur).
----Petitioner
Versus
Narcotic Control Bureau, Through Spl. P.p.
----Respondent
For Petitioner(s) : Mr. Rajveer Singh Gurjar, through VC
Mr. Shantanu Bansal, through VC
For Respondent(s) : Mr. Sher Singh Mahla, PP, through VC
Mr. Tej Prakash Sharma, Spl. PP for
NCB, through VC
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
04/04/2024
1. These Criminal Misc. Bail Applications have been brought
under Section 439 of Cr.P.C., in connection with FIR
[2024:RJ-JP:15901] (2 of 3) [CRLMB-2875/2024]
No.VIII(IO)13/NCB/JZU/2019 registered with Police Station
Narcotic Control Bureau, Jodhpur for offences under Sections 8,
15, 25 and 29 of NDPS Act.
2. Heard learned counsels for the parties.
3. 945 Kgs of doda post was allegedly recovered from a truck,
on which the petitioners were driver and co-occupant. Petitioners
are in custody since more than 4½ years. On 02.09.2023, this
Court had dismissed the bail application of the petitioners in S.B.
Criminal Misc. Bail Application No.6794/2023 connected with S.B.
Criminal Misc. Bail Application No.11259/2023. At that time also,
the petitioners had relied on a judgment of the Hon'ble Supreme
Court Rabi Prakash Vs. The State of Odisha in Special Leave to
Appeal (Cri.) No(s).4169/2023, wherein prayer for bail of the
accused was allowed when accused was in custody since last 3½
years. However, the learned Public Prosecutor had submitted that
the trial Court is likely to conclude the trial within six months. In
the circumstance, this Court had refused the prayer for bail. Till
today, the trial has not been concluded though ten prosecution
witnesses have already been examined.
4. Learned Public Prosecutor opposed the prayer for bail.
5. Considering the period already undergone by the petitioners
and no chance of early conclusion of the trial, there is no need for
further detention of the petitioners, hence let the accused-
petitioners above-named be released on bail in the aforesaid FIR,
if they are not wanted in any other case, provided they furnish a
bail bond of Rs.25,000/- each with two sureties of like amount to
[2024:RJ-JP:15901] (3 of 3) [CRLMB-2875/2024]
the satisfaction of the learned trial court with following
conditions:-
(i) the petitioners shall fully co-operate in the trial, failing which,
the trial judge would be at liberty to cancel the bail bonds of the
petitioners.
(ii) the petitioners shall not leave the Country without permission
of the trial Court otherwise it would amount to disobedience of the
order of this Court and would amount for cancellation of bail.
(iii) the petitioners shall not tamper with the evidence.
6. Accordingly, the instant bail applications stand allowed.
(BIRENDRA KUMAR),J
21-22-Mrityunjay Singh Rathore (Jaipur)
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