The single judge allowed a second bail application under Section 439 Cr.P.C. in an NDPS case where 100 Kgs of poppy straw was allegedly recovered. The court considered the co-accused's bail and the delay in concluding the trial.
Petitioner to be released on bail on Rs. 1,00,000 personal bond with two sureties of Rs. 50,000 each.
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[2023/RJJD/014813]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 10935/2022
Ram Niwas S/o Sh. Gangabishan, Aged About 25 Years, R/o W.no. 5, Jaglu, P.s. Panchu, Currently Chak 20 Psd, Ps Bajju, Dist. Bikaner, Raj. (Presently Lodged In Central Jail, Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Harshad Bhadu For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
11/05/2023
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.103/2019 of Police Station Ramshinghpur, District Sriganganagar for the offences punishable under Sections 8/15 & 29 of NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that petitioner was arrested on 01.06.2019. As per the prosecution story, 100 Kgs of poppy straw was recovered from a car, which was driven by the co-accused Sandeep and the petitioner was sitting behind him. Learned counsel for the petitioner has submitted that this Court vide order dated 10.04.2023 has already enlarged the co-accused Sandeep on bail. Learned counsel has
[2023/RJJD/014813]
[CRLMB-10935/2022]
(2 of 2)
further submitted that till date, out of 16 prosecution witnesses, only 4 prosecution witnesses have been examined and in view of fact that co-accused has already been enlarged on bail on the basis of custody, the petitioner is also liable to be enlarged on bail because conclusion of trial is likely to take time.
Learned Public Prosecutor and learned counsel for the complainant are not in a position to dispute the fact that coaccused Sandeep has been enlarged on bail by a Co-ordinate Bench of this Court.
Having heard the learned counsel for the parties and after going through the material available.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Ram Niwas S/o Sh. Gangabishan shall be released on bail in connection with FIR No.103/2019 of Police Station Ramshinghpur, District Sriganganagar provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/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.
(VIJAY BISHNOI),J
5-raksha/-
2 issues framed by the court
Whether the petitioner is entitled to bail in a second bail application where a co-accused has already been enlarged on bail.
Whether enforcement of narcotics charges involving significant quantities attracts Section 437 Cr.P.C. or Section 439 Cr.P.C.
2 provisions across 2 enactments
Ram Niwas S/o Sh. Gangabishan
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
