The High Court of Rajasthan rejected the petitioner's third bail application under Section 439 Cr.P.C. in an NDPS case. The court declined bail due to the gravity of offences and trial progress, without expressing an opinion on merits.
Bail under Section 439 Cr.P.C. was refused to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023/RJJD/011391]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. 3rd Bail Application No. 2072/2023
Rameshwar Lal @ Ramu S/o Ganga Ram Lohar, Aged About 31 Years, Varni, P.s. Bhindar Dist. Udaipur. (At Present Lodged In Dist. Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Birbal Ram Bishnoi For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
21/04/2023
Heard the learned counsel for the parties and perused the material available on record.
The petitioner has been arrested in FIR No. 130/2019 of Police Station Mangalwad, District Chittorgarh for the offences punishable under Sections 8/15 and 25 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that the earlier bail application of the petitioner was rejected by this Court on 07.12.2022, thereafter, he has filed the instant bail application seeking bail on the ground of delay in trial.
Learned Public Prosecutor has opposed this bail application and submitted that the charges have framed against the petitioner on 21.10.2021. It is further submitted that out of total 18 prosecution witnesses, 8 have been examined till date.
(2 of 2)
[2023/RJJD/011391]
[CRLMB-2072/2023]
Having regard to the totality of the facts and circumstances of the case; looking to the nature of accusation and gravity of the offences; after taking into consideration the fact that charges have been framed against the petitioner on 21.10.2020 and out of total 18 witnesses, 8 witnesses have already been examined; without expressing any opinion on the merits of the case; I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner.
Accordingly, the instant 3rd bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.
(VIJAY BISHNOI),J
59-Arun/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. given the nature of the NDPS charges and delay in trial.
Whether the progress of trial towards the end of prosecution evidence is relevant in granting bail.
2 provisions across 2 enactments
Rameshwar Lal @ Ramu
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
