The High Court of Rajasthan allowed bail applications filed by five petitioners accused under the NDPS Act. The court held that bail applications deserve acceptance prima facie considering the length of trial, releasing them on bail with a bond.
Petitioners released on bail upon furnishing a personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.
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.
(1 of 3)
[2023:RJ-JD:36700]
[CRLMB-10748/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10748/2023
Virendra Singh Borana S/o Sh. Bhanwar Singh, Aged About 29 Years, Bordiya Kalla, Neemach City P.s., Dist. Neemach (Mp). (Lodged In Dist. Jail, Pratapgarh).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 9537/2023 Hastimal S/o Shri Ramesh Chandra, Aged About 45 Years, R/o Nearby Ganpati Mandir Jeeran Ps Jeeran Dist. Neemach M.p. (Lodged In Dist. Jail Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 9538/2023 Tufan Singh S/o Shri Bhawani Singh, Aged About 26 Years, R/o Khanukhera Nahargarh Ps Dist. Mandsaur M.p. (Lodged In Dist. Jail Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 9539/2023
Sudeep Kumar @ Bharat S/o Shri Shiv Narain, Aged About 40 Years, R/o Sakrani Road Jeeran Ps Jeeran Dist. Neemanch M.p. (Lodged In Dist. Jail Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 9540/2023 Bharat Singh S/o Shri Govind Singh, Aged About 40 Years, R/o Aakali Jeeran Ps Jeeran Dist. Neemach M.p. (Lodged In Dist. Jail Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
[CRLMB-10748/2023]
| [2023:RJ-JD:36700] | (2 of 3) [CR |
|---|---|
| For Petitioner(s) | : Mr. Bhagirath Ray Bishnoi. |
| For Respondent(s) | : Mr. Arun Kumar, PP. |
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
30/10/2023
These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with F.I.R. No.180/2023 registered at Police Station Chhoti Sadri, District Pratapgarh, for the offences punishable under Sections 27A, 28, 29 and 30 of the NDPS Act.
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case. Drawing attention of the Court towards the FIR, learned counsel for the petitioners submitted that the cases of the present petitioners do not travel beyond the ambit of Section 27A of the NDPS Act. Learned counsel submitted that the petitioners are behind the bars and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.
Per contra , learned Public Prosecutor has opposed the bail applications and submitted that the petitioners are habitual offender and therefore, they do not deserve to be enlarged on bail.
Considering the submissions advanced at bar and after going through the FIR, this Court prima facie finds that the allegation against the present petitioners is that they harboured the persons engaged in the activities relating to illegal trade of drugs. The
[2023:RJ-JD:36700]
[CRLMB-10748/2023]
(3 of 3)
petitioners are in judicial custody and trial of the case is likely to take time.
In view of aforesaid, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted.
Consequently, these bail applications under Section 439 Cr.P.C. are allowed. It is ordered that the accused-petitioners (1) Virendra Singh Borana S/o Sh. Bhanwar Singh, (2) Hastimal S/o Shri Ramesh Chandra, (3) Tufan Singh S/o Shri Bhawani Singh , (4) Sudeep Kumar @ Bharat S/o Shri Shiv Narain and (5) Bharat Singh S/o Shri Govind Singh arrested in connection with F.I.R. No.180/2023 registered at Police Station Chhoti Sadri, District Pratapgarh, shall be released on bail, if not wanted in any other case, provided each of them 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 their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
476-Tikam/-
2 issues framed by the court
Whether bail can be granted to petitioners accused of drug-related offences under Sections 27A, 28, 29, and 30 of the NDPS Act.
Whether the petitioners are eligible for bail despite being accused of harbouring persons engaged in illegal trade of drugs.
2 provisions across 2 enactments
Virendra Singh Borana
Hastimal
Tufan Singh
Sudeep Kumar
Bharat Singh
State of Rajasthan
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
