Rajasthan High Court - Jodhpur
Ashok Kumar vs State Of Rajasthan (2025:Rj-Jd:34016) on 1 August, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:34016]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2580/2025
Ashok Kumar S/o Pokhar Ram, Aged About 32 Years, R/o Vishnu
Ki Dhani, P.s. Bilara, Dist Jodhpur. (Presently Lodged In
Chittorgarh Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Sameer Pareek, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
01/08/2025
1. The instant bail application has been filed by the petitioner
under Section 483 BNSS who has been arrested in connection with
the FIR No.159/2021 dated 23.06.2021 registered at the Police
Station Sadar Chittorgarh District Chittorgarh for the offences
under Sections 8/18 of the NDPS Act.
2. The case of the prosecution is that on 26.03.2021, SHO
Police Station Sadar Chittorgarh along with his police team
intercepted the offending car i.e. Fortuner bearing Registration No.
RJ-14-UF-3764. Upon searching the same, the contraband
(Opium) weighing 78 Kgms was recovered in 3 plastic sacks. He
further submits that the contraband was recovered from the
abandoned vehicle and further, the petitioner was not arrested on
the spot. He further submits that the petitioner is in custody since
31.5.2022 and the petitioner has no previous criminal antecedents
of similar nature. Learned counsel for the petitioner submits that
[2025:RJ-JD:34016] (2 of 3) [CRLMB-2580/2025]
out of 49 prosecution witnesses, only 5 prosecution witnesses
have been examined till date and with this submission, he placed
reliance upon the judgments rendered by the Hon'ble Apex Court
in the cases of Rabi Prakash v. State of Orissa (Leave to
Appeal (Criminal) No.4169/2023) and Mohd. Muslim @
Hussain v. State [(NCT of Delhi) (Special Leave Petition
(Crl.) No(s).915 of 2023].
3. In compliance of the order dated 02.07.2025, the status
report of the trial dated 28.07.2025 has been produced before this
Court which indicates that out of 49 prosecution witnesses only 5
prosecution witnesses have been examined till date.
3. E-converso, learned Public Prosecutor opposes the bail
application, however, is not in a position to refute the fact that the
petitioner is in custody since 31.05.2022 and the fact that out of
49 prosecution witnesses only 5 prosecution witnesses have been
examined till date.
4. Having considered the submissions advanced at Bar by
learned counsel for the parties and having regard to the entirety
of facts and circumstances of the case as available on record; and
looking to the fact that the petitioner is in custody since
31.05.2022 and the fact that out of 49 prosecution witnesses only
5 prosecution witnesses have been examined till date and the fact
that trial may take a long time to conclude and, without
expressing any opinion on the merits/demerits of the case, this
Court deems it fit to enlarge the petitioner on bail.
5. Consequently, the bail application is allowed. It is ordered
that the accused petitioner Ashok Kumar S/o Pokhar Ram
arrested in connection with FIR No.159/2021 dated 23.06.2021
registered at the Police Station Sadar Chittorgarh District
Chittorgarh shall be released on bail; provided he furnishes a
[2025:RJ-JD:34016] (3 of 3) [CRLMB-2580/2025]
personal bond in the sum of Rs.50,000/- and two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Court, with
a stipulation to appear before that Court on all dates of hearing
and as and when called upon to do so.
(DR. NUPUR BHATI),J
263-/devesh/-
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