Rajasthan High Court - Jodhpur
Sultan @ Bida vs State Of Rajasthan (2025:Rj-Jd:9725) on 18 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:9725]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 4th Bail Application No. 13648/2024
Sultan @ Bida S/o Ahmed Hussain, Aged About 35 Years, R/o
Laykan Mohalla, Kile Ki Ghati, Sadar Kotwali, jodhpur (Raj.)
(Presently Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kuldeep Sharma
For Respondent(s) : Mr. N.K. Gurjar, GA-cum-AAG assisted
by Mr. Pawan Kumar Bhati
Mr. Kaushal Gautam for complainant
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
18/02/2025
The present fourth bail application has been filed under
Section 483 B.N.S.S. on behalf of the petitioner, who is in judicial
custody in connection with F.I.R. No.176/2019 registered at Police
Station Sadar Kotwali, District Jodhpur for the offence punishable
under Section 302 of IPC.
Learned counsel for the petitioner submits that the petitioner
is behind the bars for more than five years and a progress report
has been called from the trial Court wherein it is mentioned that
up to this time only 18 prosecution witness have been examined
out of total 29 prosecution witnesses and trial of the case is going
at a snail speed. Counsel further submits that the petitioner has
been acquitted in 16 cases out of total 29 other cases registered
against him.
[2025:RJ-JD:9725] (2 of 4) [CRLMB-13648/2024]
In support of his contentions, learned counsel placed reliance
on the judgment of Honb'le Supreme Court in the case of
Balwinder Singh Vs. State of Punjab & Anr. (Special Leave to
Appeal (Crl.) No.8523/2024) in which while granting bail it has
been observed as under:
" 9. The incident in the present case occurred on
25.06.2020 and the petitioner was arrested
soon thereafter on 26.06.2020. By now, 6 co-
accused have been granted bail. As the
prosecution wishes to examine 17 more
witnesses, the trial is unlikely to conclude on a
near date.
10. Considering the above and to avoid the
situation of the trial process itself being the
punishment particularly when there is
presumption of innocence under the Indian
jurisprudence, we deem it appropriate to grant
bail to the petitioner - Balwinder Singh. It is
ordered accordingly. Appropriate bail conditions
be imposed by the learned trial court."
A coordinate Bench of this Court in the case of Umesh Vyas
vs. State of Rajasthan (S.B. Criminal Misc. II Bail Application
No.14958/2022), vide order dated 17.03.2023, also observed as
follows:
"The Hon'ble Supreme Court in the cases of Abdul
Majeed Lone Vs. Union Territory of Jammu and
Kashmir [Special Leave to Appeal (Crl.)
No.3961/2022], Amit Singh Moni Vs. State of
Himachal Pradesh (Criminal Appeal No.668/2020),
Tapan Das Vs. Union of India [Special Leave to
Appeal (Criminal) No.5617/2021], Kulwant Singh
Vs. State of Punjab [Special Leave to Appeal
(Criminal) No.5187/2019], Ghanshyam Sharma
Vs. State of Rajasthan [Special Leave to Appeal
(Criminal) No.5397/2019], Nadeem Vs. State of
UP [Special Leave to Appeal (Criminal)
No.1524/2022] and Mukesh Vs. The State of
Rajasthan [Special Leave to Appeal (Criminal)
No.4089/2021] has granted bail to the accused
persons, against whom the allegations are of
transporting or possessing narcotic contraband
above commercial quantity, on the ground of
custody period and taking into consideration the
[2025:RJ-JD:9725] (3 of 4) [CRLMB-13648/2024]
fact that the trial against the said accused persons
will take time in completion. The Hon'ble Supreme
Court has ordered for release of the accused
persons who were in custody from two years to
four years. Learned Public Prosecutor has opposed
the bail application.
Having regard to the totality of the facts and
circumstances of the case, I deem it appropriate to
allow this fifth bail application solely on the ground
of custody period of the accused petitioner and
keeping in view the fact that the trial against him
has not been completed till date.
Accordingly, without expressing any opinion
on the merits of the case, this third bail application
filed under Section 439 Cr.P.C. is allowed and it is
directed that petitioner Umesh Vyas S/o Shri
Ganeshlal Ji shall be released on bail in connection
with FIR No.15/2019 of Police Station Charbhuja,
District Rajsamand provided he executes a
personal bond in a sum of Rs.50,000/- with two
sound and solvent sureties of Rs.25,000/- each to
the satisfaction of learned trial court for his
appearance before that court on each and every
date of hearing and whenever called upon to do so
till the completion of the trial."
The petitioner is in judicial custody since 21.11.2019 and the
trial of the case will take sufficiently long time. With these
submissions, learned counsel for the petitioner prayed that the
benefit of bail may be granted to the accused-petitioner.
Learned AAG and learned counsel for the complainant have
opposed the prayer of bail.
I have considered the arguments advanced before me and
gone through the material available on record.
It is not disputed that the accused petitioner has so far
suffered incarceration of more than 5 years and trial is still going
on. Therefore, I deem it just and proper to grant bail to the
accused petitioner under Section 483 B.N.S.S.
Accordingly, the third bail application filed under Section 483
B.N.S.S. is allowed and it is directed that petitioner - Sultan @
[2025:RJ-JD:9725] (4 of 4) [CRLMB-13648/2024]
Bida S/o Ahmed Hussain shall be released on bail in connection
with F.I.R. No.176/2019 registered at Police Station Sadar Kotwali,
District Jodhpur for provided he executes a personal bond in a
sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to
the satisfaction of learned trial court for his appearance before
that court on each and every date of hearing and whenever called
upon to do so till the completion of the trial.
(MANOJ KUMAR GARG),J
82-Rashi/-
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