[Cites 7, Cited by 0]
Rajasthan High Court - Jodhpur
Hemaram vs State Of Rajasthan on 8 April, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:16119]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous III Bail Application No. 1900/2026
Hemaram S/o Chetanram, Aged About 38 Years, R/o Barani P.s
Sadar District Nagour At Bikasar P.s Nokha District Bikaner
(Presently In Judicial Custody Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mangilal Bishnoi
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
Reserved on : 13/03/2026
Pronounced on : 08/04/2026
This third application for bail under Section 439 Cr.P.C. has
been filed by the petitioner who has been arrested in connection
with FIR No.168/2023 registered at Police Station Nokha, District
Bikaner, for offence under Sections 8/18, 21 & 22 of the NDPS
Act.
Learned counsel submitted that as per the prosecution,
during routine patrolling on 08.04.2023, a team of Police Station
Nokha, District Bikaner noticed a person near the cremation
ground of Meghwal community on the road from Bikasar to
Salundia. Upon seeing the police vehicle, the said person
attempted to flee which aroused suspicion. He was apprehended
by the police team and on inquiry, he disclosed his name to be
Hemaram son of Chetanram i.e. present petitioner. Upon search
being made, two transparent plastic bags were found in the right
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pocket of his pants and one transparent plastic bag was found in
the left pocket, in which 144 grams of contraband (opium), 05.91
grams of illegal drug smack and 131.19 grams of illegal drug MD
(Mephedrone) were recovered. The petitioner was arrested on the
spot.
Learned counsel for the petitioner submitted that the
petitioner has been falsely implicated in this case. Learned counsel
submitted that the petitioner is in judicial custody since
08.04.2023. He further submitted that out of total 16 cited
prosecution witnesses, only 7 prosecution witnesses have been
examined before competent Criminal Court. He further submitted
that the delay in trial is not at all attributable to the petitioner. He
submitted that the petitioner is in judicial custody since last three
years and looking to the pace at which trial is being conducted
against the present petitioner, the same is not likely to be
concluded in near future.
In support of his contention, learned counsel for the
petitioner placed reliance on the cases of 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.
On these grounds, he implored the Court to enlarge the
petitioner on bail.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application and submitted that petitioner is facing
trial for the offence under the NDPS Act and, therefore, the
present bail application deserves to be rejected straightway.
Learned Public Prosecutor, however, was not in position to refute
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the fact that in last 3 years, out of total 16 cited prosecution
witnesses, only 7 witnesses have been examined till date.
Heard learned counsel for the petitioner and the learned Public
Prosecutor. Perused the material available on record.
Having considered the rival submissions, facts and
circumstances of the case and considering the fact that the
petitioner has suffered incarceration for last 3 years and out of
total 16 cited prosecution witnesses, only 7 witnesses have been
examined till date, without expressing any opinion on
merits/demerits of the case, this Court is of the opinion that the
bail application filed by the petitioner deserves to be accepted.
Accordingly, the third bail application under Section 439
Cr.P.C. is allowed and it is ordered that the accused-petitioner-
Hemaram S/o Chetanram shall be enlarged on bail in
connection with FIR No.168/2023 registered at Police Station
Nokha, District Bikaner, provided he furnishes a personal bond in
the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to
the satisfaction of the learned trial Judge for his appearance
before the court concerned on all the dates of hearing as and
when called upon to do so.
In case, the petitioner remains absent on any date of
hearing or makes an attempt to delay the trial by seeking
unnecessary adjournments, it shall be taken as a misuse of
concession of bail granted to him by this Court. The
prosecution, in such a situation, shall be at liberty to move
an application seeking cancellation of bail granted to the
petitioner today by this Court.
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It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
180-himanshu/-
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