Rajasthan High Court - Jodhpur
Hazari Ram vs State Of Rajasthan (2025:Rj-Jd:47418) on 4 November, 2025
[2025:RJ-JD:47418]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 9498/2025
Hazari Ram S/o Chainaram, Aged About 39 Years, R/o Chikni
Nadi, Chandanpura, Police Station Lohawat, District Phalodi,
Rajasthan. (Presently Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Dungar Dan Charan
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
04/11/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
the present matter. The requisite details of the matter are
tabulated herein below:
S. No. Particulars of the case
2. Police Station Balesar
3. District Jodhpur (Rural)
4. Offences alleged in the FIR Under Sections 8 and 15 of
NDPS Act
5. Offences added, if any -
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case. It is further
submitted that the alleged recovery of narcotic contraband was
made from the vehicle, which the petitioner and co-accused
Sishpal were driving. The co-accused Shishpal has already been
(Uploaded on 04/11/2025 at 06:11:10 PM)
[2025:RJ-JD:47418] (2 of 4) [CRLMB-9498/2025]
enlarged on bail by this Court vide order dated 25.07.2025 passed
in S.B. CRLMB No.2355/2025 while considering his long
incarceration. Moreover, out of merely two prosecution witnesses
cited in the charge-sheet, none has been examined till date. It is
also submitted that the petitioner has been in custody since
13.08.2023 (around 2 years and 3 months). While it is true that,
there is a fetter under Section 37 of the NDPS Act regarding grant
of bail to an accused having illegal possession of commercial
quantity of contraband but a fundamental right of speedy trial to
him cannot be permitted to be flouted. Additionally, there are no
previous antecedents against the petitioner and the trial of the
case will take significant time, therefore, the benefit of bail may
be granted to the accused-petitioner.
In support of his contention, learned counsel for the
petitioner placed reliance on the judgment rendered by the
Hon'ble Supreme Court in Rabi Prakash Vs. State of Orisa
(Leave to Appeal (Criminal) No.4169/2023 and Mohd
Muslim @ Hussain Vs. State (NCT of Delhi) in Special Leave
Petition (Crl.) No(s).915 of 2023.
Learned counsel has further 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.
(Uploaded on 04/11/2025 at 06:11:10 PM)
[2025:RJ-JD:47418] (3 of 4) [CRLMB-9498/2025]
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."
Learned counsel for the petitioner has also placed reliance on
the judgment passed by a Co-ordinate Bench of this Court in
Avtar Singh Vs. State Of Rajasthan [S.B. Criminal
Miscellaneous Bail Application No. 13483/2024], decided on
22.05.2025, wherein, while allowing the bail application, it was
observed as under:
"7. In Rabi Prakash Vs. State of Odisha passed in Special leave
to Appeal (Crl.) No.(s) 4169/2023, Hon'ble the Apex Court has
again passed an order dated 13th July, 2023 dealing this issue
and has held that the provisional liberty(bail) overrides the
prescribed impediment in the statute under Section 37 of the
NDPS Act as liberty directly hits one of the most precious
fundamental rights envisaged in the Constitution, that is, the right
to life and personal liberty contained in Article 21.
8. Considering the overall facts and circumstances of the case
and the fact that petitioner is behind the bars for around more
than two years thus, looking to the fact that there is high
probability that the trial may take long time to conclude and
given the flagrant non-compliance with these mandatory
provisions, this Court finds that the continued detention of the
petitioner is not justified thus it is deemed suitable to grant the
benefit of bail to the petitioner.
9. It is nigh well settled law that at a pre-conviction stage; bail is
a rule and denial from the same should be an exception. The
purpose behind keeping an accused behind the bars during trial
would be to secure his presence on the day of conviction so that
he may receive the sentence as would be awarded to him.
Otherwise, it is the rule of Crimnal Jurisprudence that he shall
be presumed innocent until the guilt is proved.
Learned counsel for the petitioner submits that the charge-
sheet has already been filed and the petitioner is currently facing
trial. As per the status report of trial, after filing of the challan,
(Uploaded on 04/11/2025 at 06:11:10 PM)
[2025:RJ-JD:47418] (4 of 4) [CRLMB-9498/2025]
charges have been framed against the petitioner and the trial is
likely to take considerable time.
Per contra, learned Public Prosecutor has opposed the bail
application, however, he is not in a position to refute the above
stated facts.
Having heard and considered the rival submissions, facts and
circumstances of the case as well as perused the material
available on record; considering the fact that the petitioner has
been in custody since 13.08.2023 (around 2 years and 3 months);
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 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
as named in the cause title, arrested in connection with the above
mentioned FIR, 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.
(MUKESH RAJPUROHIT),J
375-mSingh/-
(Uploaded on 04/11/2025 at 06:11:10 PM)
Powered by TCPDF (www.tcpdf.org)
