The High Court at Jodhpur allowed the bail application of Randeep, a pillion rider arrested for NDPS offences, granting bail after noting his incarceration for over three years and the slow progress of the trial.
Petitioner released on bail upon executing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each before the trial court.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2655/2024
Randeep S/o Hansa Singh, Aged About 24 Years, R/o Ward No. 09, Rawla Mandi, Teh Rawla, Dist Sri Ganganagar, At Present Dist Anoopgarh. (Lodged In Dist Jail, Anoopgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D.S. Thind a/w Ms. Sonika For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/03/2024
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of 7500 tablets of Tramadol (Trio-SR), has already been released on bail by this Court in S.B. Criminal Misc. IIIrd Bail Application No.13312/2023 vide order dated 09.11.2023. The order dated 09.11.2023 reads as under :-
Learned counsel submitted that as per the prosecution, 7500 tablets of Tramadol (Trio-SR) weighing 3000 gms. were recovered from conscious possession of the present petitioner. 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 09.05.2020. He further submitted that out of total 15 cite prosecution witnesses, only 2 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 for 3 years and 6 months 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.
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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 offences 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 the fact that in last 3 years and 6 months, out of total 15 cited prosecution witnesses, only 2 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 about 3 years and 6 months and the criminal trial has hardly reached the half-way mark, 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 accusedpetitioner- Roshanlal Bhadu S/o Ramkumar shall be enlarged on bail in connection with FIR No.79/2020 registered at Police Station Rawla, District Sri Ganganagar, 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 so. It is however, made clear that findings recorded/observations made above are for limited
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purposes of adjudication of bail application. The trial court shall not get prejudiced by the same."
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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.
(DR.PUSHPENDRA SINGH BHATI),J
17-Sudheer/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. considering his prolonged incarceration and the pendency of the trial.
Whether the petitioner's role as a pillion rider who escaped while the rider was caught justifies the grant of bail.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Randeep S/o Hansa Singh
State Of Rajasthan
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
