Citation : 2025 Latest Caselaw 1959 Raj
Judgement Date : 7 July, 2025
[2025:RJ-JD:29302]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7569/2025
Ramaram S/o Shri Jugtaram, Aged About 30 Years, R/o Gonari
Nadi Rawatsar, Police Station Barmer Sadar, District Barmer
(Presently Lodged At Sirohi Jail )
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Naresh Kumar
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
07/07/2025
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.277/2022 dated 29.07.2022 registered at the Police
Station Pindwara District Sirohi for the offences under Sections
8/15 of NDPS Act.
2. The case of the prosecution is that on 29.07.2022, when the
police team of Pindwara police station was patrolling on NH-27, at
around 5 PM, a Truck bearing registration No.HR58-A-4047 coming
from Udaipur, despite signaling, stopped the truck and tried to run
away but got caught. Upon being asked, he told his name as
Ramaram Jat. When the police team searched his truck, he was
found having conscious possession of 52 Kgs. 100 gms. of Poppy
Husk. The petitioner was arrested on the spot.
3. Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in this case. He further submits that
[2025:RJ-JD:29302] (2 of 3) [CRLMB-7569/2025]
the petitioner is in judicial custody since 29.07.2022 i.e. almost 2
years 11 months and out of 24 prosecution witnesses, only 10
prosecution witnesses have been examined. He also submits that
the petitioner has no criminal antecedent of similar nature.
4. In support of his contentions, learned counsel for the
petitioner places reliance upon the judgment Rabi Prakash v.
State of Orissa (Leave to Appeal (Criminal) No.4169/2023
and Mohd. Muslim @ Hussain v. State (NCT of Delhi) in
Special Leave petition (Crl.) No(s).915/2023 and urges that
the petitioner deserves to be released on bail.
5. Per contra, learned Public Prosecutor opposes the bail
application and submits that the petitioner is facing trial for the
offence committed under the NDPS Act, however, is not in a
position to refute the fact that the petitioner is in judicial custody
from almost 2 years 11 months and the fact that out of 24
prosecution witnesses, only 10 prosecution witnesses have been
examined.
6. 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 judicial custody from
almost 2 years 11 months and the fact that out of 24 prosecution
witnesses, only 10 prosecution witnesses have been examined;
the fact that the trial will 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.
7. Consequently, the bail application is allowed. It is ordered
that the accused-petitioner Ramaram S/o Shri Jugtaram
arrested in connection with FIR No.277/2022 dated 29.07.2022
[2025:RJ-JD:29302] (3 of 3) [CRLMB-7569/2025]
registered at the Police Station Pindwara District Sirohi, shall be
released on bail; provided he furnishes a 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
135-/Devesh/-
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